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One-time the fashion retailer chief executive Mike Jeffries was heard on tape saying to his associate that they were screwed and in grave danger if he was declared competent to stand trial on sex trafficking charges in the coming months, a New York federal court has heard.

The taped conversations were part of over 100 phone calls between the former retail executive and Matthew Smith referred to during a four-day mental competency proceeding recently on Long Island.

Jeffries' lawyers argue that he is battling cognitive decline and the onset of Alzheimer's and is incapable to face trial next to his partner and their purported intermediary in October.

Nevertheless, prosecutors contend their doctors concluded his mental state has stabilized and that the conversations demonstrate he is incredibly fixated on being ruled not competent.

In other tapes, Jeffries is heard saying he is praying for a favorable ruling, characterizing being ruled able as a disaster, and instructs a medical professional: you must find me incompetent, the Central Islip court learned.

Legal Proceedings and Psychiatric Testimony

The recordings were made the previous year while he was being held for four months in a mental health unit at a federal prison in North Carolina to assess if he could recover competency.

The 81-year-old had earlier been ruled legally unfit previously but facility staff then announced in December that he was fit for proceedings subsequent to his evaluation.

Government attorneys told the judge Jeffries frequently protested life in jail and was heard describing to Smith how terrible jail was, stating: so we have to make this work.

The Case

Jeffries, his partner Smith, 62, and their accused intermediary James Jacobson, 73, were charged with operating a global sex trafficking and commercial sex operation in October 2024.

They have entered not guilty pleas the accusations, which carry a potential penalty of a life term.

Their detentions followed an investigation that showed the trio had been at the heart of a sophisticated scheme sourcing individuals for sex around the world while Jeffries was the head of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will rule in May about whether Jeffries will be tried after weighing the statements of several professionals - forensic psychologists, doctors and brain specialists, including correctional physicians - who were cross-examined in the courtroom during the hearing.

'Disinhibited' Behavior

A trio of defense witnesses, argue that Jeffries is legally unfit due to the lingering impact of a brain trauma, likely a form of dementia and Alzheimer's disease.

They stated that Jeffries exhibits disinhibited and off-color conduct, which is symptomatic of a spectrum of dementia symptoms.

Instances involve Jeffries referring to the prosecution's professional psychologist a insult, remarking on her hair, telling another expert his clothing was poorly tailored, and referring to his partner Smith as a dwarf, the court heard.

He was also recorded in minute detail on around 20 prison calls discussing his trips abroad for the near future, despite having been on home confinement since 2024.

"I can't go on trips without you," Jeffries was heard telling Smith from incarceration.

Prosecutors contend this demonstrates his recognition that he would regain his freedom if he was ruled unfit and the indictment were dismissed.

However, the defense's expert witnesses counter, arguing it instead underscores that Jeffries has forgotten his court-ordered limits and the gravity of the case.

"I didn't see the normal affect that I would expect someone to have who is confronting such grave charges," stated one forensic psychiatrist who reviewed Jeffries.

"Instead, his manner throughout the assessment... was similar to we were having a meal at his home. There was no indication of alarm."

Diverging Medical Assessments

Reports indicated there is information that Jeffries' cognitive deterioration began in 2013, when imaging showed mild atrophy, which was exacerbated by a incident in 2018.

Jeffries had been consuming alcohol at the moment of the 2018 fall and his history showed he persisted in drinking subsequent to being treated, but an expert told the judge he did not think his general intake had a major impact on his state.

After the fall, Jeffries experienced psychosis, and began hallucinating, with one episode in 2019 where he was discovered in his underwear, incapacitated, in a neighbor's yard.

Doctors from a prison hospital stated that Jeffries was competent after observing him over several months in the facility.

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

"Even given the declines that Mr Jeffries has undergone... he still is sharper and more capable intellectually than probably 95% of the inmates that we test for competency," said one expert.

Jeffries, dressed in a business attire in the hearing, was reported to be cheerful and fairly engaging during interactions in the facility, and was deliberately being provocative, at times using informal terms.

They assessed Jeffries with minor cognitive impairments and said his testing scores may have improved since 2023 from borderline or deficient to average because of sobriety and improved medication management during his stay.

109 Prison Calls Raise Concerns

Fundamental to assessing fitness is whether Jeffries grasps the charges against him, their consequences, the {legal proceedings|court process|trial