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Ex- Abercrombie & Fitch chief executive Mike Jeffries was heard on tape informing his associate how they'd be in serious trouble and in deep trouble if he was declared fit to face trial on trafficking charges in the coming months, a US district court has been told.

The audio were part of in excess of 100 recorded calls between the ex-fashion boss and Matthew Smith played during a multi-day legal competency hearing on Long Island on Long Island.

Jeffries' lawyers contend that he is battling cognitive decline and late onset of Alzheimer's and is incapable to be tried alongside his partner and their accused intermediary in October.

However, the prosecution say their health professionals determined his health has gotten better and that the calls reveal he is extremely preoccupied on being ruled unfit.

In other recordings, Jeffries states he is praying for a favorable ruling, labeling being ruled able as a disaster, and tells a physician: you must rule me incompetent, the Central Islip court heard.

Legal Proceedings and Health Testimony

The recordings were recorded in the past year while he was being treated for several months in a treatment center at a federal prison in North Carolina to determine if he could recover competency.

The octogenarian had earlier been ruled mentally incompetent last May but facility staff then stated in December that he was competent for trial after his evaluation.

Prosecutors informed the court Jeffries frequently complained about life in jail and was caught on tape describing to Smith how terrible incarceration was, remarking: which is why we must pull this off.

The Case

Jeffries, his partner Smith, 62, and their accused intermediary James Jacobson, 73, were charged with orchestrating a worldwide trafficking and prostitution operation in October 2024.

They have denied the allegations, which could result in a potential penalty of a life term.

Their arrests came after an report that uncovered the three had been at the heart of a elaborate operation scouting men for sex around the world while Jeffries was chief executive of Abercrombie & Fitch.

The Honorable Nusrat J. Choudhury will rule in May about whether Jeffries will face trial after considering the evidence of multiple specialists - forensic psychologists, specialists and neurologists, including facility doctors - who were questioned in court this week.

'Inappropriate' Conduct

Several medical witnesses for the defense, argue that Jeffries is cognitively impaired due to the residual effects of a head injury, probable a form of dementia and Alzheimer's disease.

They said under oath that Jeffries shows socially inappropriate and off-color conduct, which is part of a set of cognitive symptoms.

Instances involve Jeffries referring to the prosecutor's psychologist a cunning bitch, remarking on her hair, telling another expert his clothing was ill-fitting, and referring to his partner Smith as a midget, they say.

He was also taped in excruciating detail on approximately 20 recorded calls talking about his travel itinerary for the next few months, notwithstanding having been on home confinement since 2024.

"I don't want to go on trips without you," Jeffries was heard telling Smith from prison.

Prosecutors argue this indicates his recognition that he would be released if he was found incompetent and the case were dropped.

In contrast, the defense's medical experts counter, arguing it instead points to that Jeffries fails to recall his conditions and the seriousness of the situation.

"I didn't see the normal reaction that I would expect someone to have who is confronting such grave allegations," said one doctor who assessed Jeffries.

"On the contrary, his behavior during the examination... was almost like we were having a chat at his club. There was no sign of anxiety."

Diverging Psychiatric Assessments

Evidence indicated there is evidence that Jeffries' mental decline started in 2013, when tests showed brain shrinkage, which was exacerbated by a fall in 2018.

Jeffries had been consuming alcohol at the time of the 2018 incident and his records showed he continued drinking following being hospitalized, but an expert told the judge he did not think his typical alcohol consumption had a major impact on his state.

Following the fall, Jeffries became psychotic, and started seeing things, with one event in 2019 where he was located in his underclothes, incapacitated, in a nearby property.

Experts from a Federal Medical Center said that Jeffries was fit after assessing him over four months in prison.

They contend his mental faculties did not match Alzheimer's disease, which the court heard could not be conclusively diagnosed until an examination could be performed.

"Even given the reduction that Mr Jeffries has experienced... he still is brighter and more functioning cognitively than probably 95% of the patients that we evaluate for competency," testified one neuropsychologist.

Jeffries, wearing a suit and tie in the court, was reported to be lighthearted and quite engaging during evaluations in the facility, and was deliberately being provocative, sometimes using informal address.

They diagnosed Jeffries with mild neurocognitive deficits and suggested his performance on tests may have risen since 2023 from borderline or impaired to typical because of stopping drinking and improved treatment during his confinement.

109 Recorded Conversations Prompt Concerns

Central to determining competency is whether Jeffries understands the charges against him, their implications, the {legal proceedings|court process|trial