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Ex- A&F chief executive Mike Jeffries was recorded telling his UK-based partner how they'd be in serious trouble and in grave danger if he was found competent to go to trial on human trafficking accusations in the coming months, a US district court has heard.

The audio were included in more than 100 phone calls between the one-time CEO and Matthew Smith cited during a multi-day mental competency session recently on Long Island.

Jeffries' legal team contend that he is suffering with cognitive decline and the onset of the disease and is unfit to face trial next to his partner and their alleged intermediary in October.

Nevertheless, prosecutors contend their doctors determined his mental state has improved and that the conversations demonstrate he is extremely focused on being declared not competent.

In other tapes, Jeffries is heard saying he is praying for a favorable ruling, describing being ruled able as a catastrophe, and instructs a medical professional: you better rule me unfit, the court heard.

Court Process and Medical Testimony

The recordings were taped in the past year while he was being evaluated for several months in a mental health unit at a federal prison in North Carolina to assess if he could restore his faculties.

The octogenarian had in the past been deemed mentally incompetent in May but facility staff then stated in December that he was competent for trial following his evaluation.

The prosecution advised the judge Jeffries frequently protested life in jail and was caught on tape explaining to Smith how horrible incarceration was, stating: that's why we have to succeed.

The Case

Jeffries, his partner Smith, 62, and their purported go-between James Jacobson, 73, were indicted with running a worldwide sex trafficking and commercial sex enterprise in October 2024.

They have denied the allegations, which carry a potential penalty of life in prison.

Their detentions followed an report that uncovered the three had been at the centre of a complex network scouting individuals for sex globally while Jeffries was chief executive of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will decide in May about whether Jeffries will face trial after weighing the statements of several professionals - forensic psychologists, psychiatrists and brain specialists, including prison doctors - who were questioned in the courtroom recently.

'Inappropriate' Conduct

Several defence experts, maintain that Jeffries is mentally incompetent due to the lingering impact of a brain trauma, likely dementia and Alzheimer's disease.

They testified that Jeffries demonstrates disinhibited and off-color behaviour, which is consistent with a spectrum of cognitive symptoms.

Instances involve Jeffries referring to the prosecutor's professional psychologist a cunning bitch, complimenting her hair, informing another expert his clothing was ill-fitting, and referring to his partner Smith as a derogatory term, the court heard.

He was also recorded in minute detail on around 20 prison calls planning his trips abroad for the near future, even though having been on restricted movement since 2024.

"I don't want to go on trips without you," Jeffries was recorded saying to Smith from incarceration.

The prosecution contend this shows his understanding that he would regain his freedom if he was found unfit and the case were dismissed.

Conversely, the defence's medical experts counter, saying it instead underscores that Jeffries has forgotten his conditions and the severity of the charges.

"He lacked the expected reaction that I would expect someone to have who is facing such serious charges," testified one doctor who reviewed Jeffries.

"Instead, his manner throughout the assessment... was similar to we were having a chat at his club. There was no sign of anxiety."

Conflicting Medical Assessments

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

Jeffries had been intoxicated at the moment of the 2018 event and his history showed he kept on drinking subsequent to being hospitalized, but an expert told the judge he did not think his overall intake had a significant effect on his condition.

Following the fall, Jeffries suffered a psychotic break, and started hallucinating, with one incident in 2019 where he was located in his underclothes, incapacitated, in a neighbor's yard.

Doctors from a Federal Medical Center stated that Jeffries was fit after assessing him over several months in the facility.

They contend his mental faculties were not consistent with Alzheimer's disease, which the court heard could not be absolutely determined until an autopsy could be performed.

"Even given the reduction that Mr Jeffries has suffered... he still is sharper and more able intellectually than probably 95% of the inmates that we test for fitness," stated one neuropsychologist.

Jeffries, dressed in a formal wear in the courtroom, was described as lighthearted and fairly personable during evaluations in the facility, and was intentionally testing the limits, on occasion using informal language.

They found Jeffries with minor cognitive impairments and suggested his testing scores may have risen since 2023 from borderline or deficient to average because of stopping drinking and improved management of prescriptions during his confinement.

109 Prison Calls Present Issues

Fundamental to determining fitness is whether Jeffries comprehends the charges against him, their implications, the {legal proceedings|court process|trial