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Former A&F chief executive Mike Jeffries was recorded informing his UK-based partner how they were screwed and in big trouble if he was declared fit to go to trial on human trafficking charges in the coming months, a New York federal court has heard.

The taped conversations were among more than 100 recorded calls between the one-time CEO and Matthew Smith referred to during a four-day fitness to stand trial session on Long Island on Long Island.

Jeffries' attorneys argue that he is suffering with cognitive decline and late onset of the disease and is not competent to be tried together with his partner and their alleged intermediary in October.

Nevertheless, government lawyers say their medical experts found his mental state has stabilized and that the calls reveal he is remarkably fixated on being found incompetent.

In other recordings, Jeffries is heard saying he is praying for a positive result, characterizing being found fit as a disaster, and tells a physician: you better declare me incompetent, the court learned.

Court Process and Health Evidence

The conversations were taped last year while he was being treated for a period of months in a mental health unit at a correctional institution in North Carolina to determine if he could regain competency.

The octogenarian had previously been found not competent last May but facility staff then stated in December that he was able for proceedings subsequent to his hospital stay.

The prosecution told the judge Jeffries repeatedly protested prison conditions and was recorded explaining to Smith how horrible jail was, stating: so we got to make this work.

The Case

Jeffries, his partner Smith, 62, and their accused intermediary James Jacobson, 73, were indicted with running a global human trafficking and prostitution enterprise in October 2024.

They have pleaded not guilty the allegations, which could result in a potential penalty of life imprisonment.

Their detentions came after an exposé that showed the trio had been at the heart of a elaborate network recruiting young men for sex around the world while Jeffries was chief executive of Abercrombie & Fitch.

Judge Nusrat J. Choudhury will decide in May about whether Jeffries will face trial after considering the evidence of six experts - psychologists, doctors and neurologists, including facility doctors - who were cross-examined in proceedings this week.

'Unrestrained' Conduct

Three medical witnesses for the defense, argue that Jeffries is legally unfit due to the lingering impact of a traumatic brain injury, probable a form of dementia and Alzheimer's disease.

They stated that Jeffries exhibits unfiltered and off-color behavior, which is consistent with a range of symptoms.

Reported incidents include Jeffries calling the prosecutor's expert witness a derogatory term, remarking on her hair, informing another expert his clothing was badly made, and referring to his partner Smith as a derogatory term, according to testimony.

He was also taped in excruciating detail on around 20 jail conversations discussing his international travel plans for the next few months, despite having been on restricted movement since 2024.

"I wouldn't want to go on trips without you," Jeffries was overheard saying to Smith from jail.

Prosecutors suggest this shows his awareness that he would regain his freedom if he was found unfit and the charges were dropped.

Conversely, the defense's expert witnesses counter, arguing it instead highlights that Jeffries has forgotten his conditions and the gravity of the case.

"He lacked the normal affect that I would expect someone to have who is up against such serious allegations," stated one expert who evaluated Jeffries.

"Rather, his behavior throughout the evaluation... was as if we were having lunch at his country club. There was no sense of distress."

Opposing Psychiatric Assessments

Evidence indicated there is information that Jeffries' decline began in 2013, when tests showed brain shrinkage, which was accelerated by a fall in 2018.

Jeffries had been intoxicated at the time of the 2018 incident and his history showed he kept on drinking subsequent to being hospitalised, but an expert told the judge he did not think his overall intake had a major impact on his state.

After the fall, Jeffries suffered a psychotic break, and began having visions, with one event in 2019 where he was located in his underwear, immobile, in a nearby property.

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

They contend his mental faculties did not align with Alzheimer's disease, which the court heard could not be definitively confirmed until an examination could be performed.

"Even given the deterioration that Mr Jeffries has suffered... he still is brighter and more capable cognitively than probably 95% of the patients that we assess for fitness," said one expert.

Jeffries, dressed in a business attire in the hearing, was described as cheerful and fairly engaging during meetings in the facility, and was intentionally pushing boundaries, sometimes using informal address.

They diagnosed Jeffries with mild neurocognitive deficits and suggested his results may have gotten better since 2023 from low or impaired to average because of sobriety and more consistent treatment during his stay.

109 Prison Calls Raise Issues

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