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Ex- the fashion retailer CEO Mike Jeffries was taped saying to his associate how they are screwed and in grave danger if he was deemed competent to stand trial on human trafficking accusations in the coming months, a federal court in NY has heard.

The taped conversations were part of more than 100 recorded calls between the one-time CEO and Matthew Smith cited during a lengthy legal competency session on Long Island on Long Island.

Jeffries' lawyers argue that he is battling dementia and the onset of Alzheimer's disease and is not competent to face trial together with his partner and their alleged facilitator in October.

Nevertheless, prosecutors contend their medical experts concluded his mental state has improved and that the recordings demonstrate he is extremely preoccupied on being ruled unfit.

In additional recordings, Jeffries is heard saying he is praying for a good outcome, characterizing being ruled able as a disaster, and instructs a physician: you had better declare me unfit, the judge heard.

Judicial Hearings and Health Testimony

The conversations were made in the past year while he was being held for a period of months in a psychiatric facility at a federal prison in North Carolina to assess if he could regain his faculties.

The octogenarian had in the past been deemed mentally incompetent previously but facility staff then stated in December that he was competent for trial subsequent to his treatment period.

Government attorneys told the court Jeffries repeatedly protested incarceration and was caught on tape telling to Smith how terrible prison was, remarking: which is why we must make this work.

The Case

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

They have entered not guilty pleas the accusations, which could result in a maximum sentence of life in prison.

Their being taken into custody were prompted by an investigation that revealed the group had been at the core of a complex network recruiting men for sex internationally while Jeffries was chief executive of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will rule in May about whether Jeffries will be tried after weighing the statements of six experts - psychologists, doctors and neurologists, including correctional physicians - who were questioned in the courtroom recently.

'Disinhibited' Behavior

Several defence experts, maintain that Jeffries is legally unfit due to the lingering impact of a head injury, suspected dementia and Alzheimer's disease.

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

Instances include Jeffries calling the prosecution's psychologist a derogatory term, remarking on her hair, informing another expert his clothing was ill-fitting, and referring to his partner Smith as a midget, the court heard.

He was also taped in minute detail on about 20 prison calls discussing his international travel plans for the near future, even though having been on house arrest since 2024.

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

The prosecution suggest this shows his recognition that he would regain his freedom if he was declared incompetent and the charges were dropped.

Conversely, the defense's medical experts disagree, arguing it instead underscores that Jeffries has forgotten his legal restrictions and the severity of the case.

"There wasn't the appropriate affect that I would expect someone to have who is facing such serious charges," said one doctor who evaluated Jeffries.

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

Opposing Neurological Opinions

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

Jeffries had been intoxicated at the moment of the 2018 fall and his medical records showed he persisted in drinking after being treated, but an expert told the judge he did not think his typical alcohol consumption had a major impact on his state.

In the wake of the fall, Jeffries suffered a psychotic break, and started seeing things, with one event in 2019 where he was discovered in his underclothes, unable to move, in a nearby property.

Doctors from a treatment facility said that Jeffries was able after observing him over an extended period in prison.

They say his cognitive abilities did not match Alzheimer's disease, which the court heard could not be conclusively diagnosed until an examination could be performed.

"Even given the deterioration that Mr Jeffries has experienced... he still is sharper and more capable intellectually than probably 95% of the individuals that we assess for fitness," said one neuropsychologist.

Jeffries, wearing a formal wear in the courtroom, was described as cheerful and quite charismatic during meetings in the facility, and was intentionally testing the limits, on occasion using familiar terms.

They assessed Jeffries with slight deficits and indicated his results may have risen since 2023 from borderline or deficient to average because of stopping drinking and better treatment during his evaluation.

109 Prison Calls Present Concerns

Key to assessing competency is whether Jeffries comprehends the allegations against him, their implications, the {legal proceedings|court process|trial