Jail Phone Call Tapes Spark Doubts About Ex-Abercrombie CEO's Ability for Trial

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The octogenarian had previously been found legally unfit in May of last year.

One-time the fashion retailer CEO Mike Jeffries was recorded saying to his British partner that they are finished and in grave danger if he was found competent to face trial on human trafficking allegations this autumn, a federal court in NY has heard.

The recordings were part of in excess of 100 telephone conversations between the ex-fashion boss and Matthew Smith played during a multi-day fitness to stand trial proceeding recently on Long Island.

Jeffries' legal team contend that he is coping with dementia and the onset of Alzheimer's and is unfit to stand trial together with his partner and their alleged intermediary in October.

However, government lawyers say their doctors found his mental state has stabilized and that the calls show he is extremely preoccupied on being declared not competent.

In further tapes, Jeffries states he is wishing for a favorable ruling, labeling being ruled able as a disaster, and tells a doctor: you better rule me incompetent, the judge heard.

Court Hearings and Health Opinions

The recordings were recorded the previous year while he was being treated for four months in a treatment center at a US prison in North Carolina to determine if he could regain competency.

The 81-year-old had in the past been deemed mentally incompetent previously but correctional authorities then stated in December that he was competent for trial subsequent to his evaluation.

Government attorneys informed the judge Jeffries frequently complained about life in jail and was caught on tape explaining to Smith how horrible incarceration was, stating: which is why we must make this work.

Background

Jeffries, his partner Smith, 62, and their purported intermediary James Jacobson, 73, were indicted with orchestrating a international human trafficking and prostitution business in October 2024.

They have pleaded not guilty the charges, which could result in a maximum sentence of a life term.

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

Judge Nusrat J. Choudhury will make a determination in May about whether Jeffries will be tried after weighing the evidence of multiple specialists - forensic psychologists, specialists and brain specialists, including correctional physicians - who were cross-examined in court during the hearing.

'Inappropriate' Conduct

A trio of medical witnesses for the defense, testify that Jeffries is legally unfit due to the after-effects of a head injury, suspected a form of dementia and Alzheimer's disease.

They said under oath that Jeffries demonstrates disinhibited and improper conduct, which is symptomatic of a set of cognitive symptoms.

Instances include Jeffries referring to the prosecution's expert witness a insult, complimenting 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 excruciating detail on approximately 20 jail conversations discussing his international travel plans for the near future, despite having been on restricted movement since 2024.

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

The prosecution suggest this shows his understanding that he would regain his freedom if he was found unfit and the indictment were dropped.

Conversely, the defense's medical experts have a different view, stating it instead underscores that Jeffries does not remember his legal restrictions and the gravity of the charges.

"There wasn't the expected reaction that I would anticipate someone to have who is confronting such grave allegations," stated one expert who assessed Jeffries.

"Instead, his demeanor during the examination... was almost like we were having lunch at his country club. There was no sense of alarm."

Opposing Psychiatric Diagnoses

Reports indicated there is data that Jeffries' decline began in 2013, when scans showed reduction in volume, which was accelerated by a incident in 2018.

Jeffries had been drinking alcohol at the moment of the 2018 event and his records showed he persisted in drinking after being hospitalized, but an expert told the judge he did not think his overall intake had a major impact on his condition.

After the fall, Jeffries became psychotic, and began hallucinating, with one event in 2019 where he was found in his underclothes, immobile, in a nearby property.

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Medical professionals from a prison hospital said that Jeffries was able after evaluating him over four months in prison.

They assert his intellectual functioning 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 declines that Mr Jeffries has undergone... he still is sharper and more able intellectually than probably 95% of the patients that we test for competency," said one expert.

Jeffries, wearing a formal wear in the hearing, was reported to be jovial and rather charismatic during evaluations in the facility, and was intentionally being provocative, at times using disrespectful terms.

They found Jeffries with slight deficits and said his performance on tests may have improved since 2023 from low or impaired to average because of abstinence from alcohol and more consistent treatment during his stay.

109 Prison Calls Raise Issues

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

Gavin Montgomery
Gavin Montgomery

Lena is a tech writer and AI researcher passionate about demystifying complex technologies for a broad audience.