Correctional Facility Recorded Conversation Tapes Raise Doubts Regarding Ex-Abercrombie CEO's Competency for Trial
One-time the fashion retailer top executive Mike Jeffries was taped telling his British partner that they are in serious trouble and in deep trouble if he was found fit to go to trial on trafficking allegations in the coming months, a federal court in NY has learned.
The taped conversations were included in in excess of 100 phone calls between the ex-fashion boss and Matthew Smith played during a multi-day fitness to stand trial hearing on Long Island on Long Island.
Jeffries' lawyers contend that he is suffering with dementia and late onset of Alzheimer's disease and is not competent to stand trial alongside his partner and their accused facilitator in October.
In contrast, the prosecution contend their doctors found his condition has gotten better and that the recordings reveal he is extremely fixated on being found not competent.
In other tapes, Jeffries says he is wishing for a favorable ruling, labeling being ruled able as a disaster, and tells a medical professional: you must declare me unfit, the court learned.
Legal Hearings and Psychiatric Opinions
The conversations were made last year while he was being evaluated for a period of months in a psychiatric facility at a correctional institution in North Carolina to see if he could recover fitness.
The elderly defendant had previously been found legally unfit previously but prison officials then announced in December that he was competent for trial subsequent to his hospital stay.
Government attorneys told the court Jeffries often protested life in jail and was recorded describing to Smith how terrible prison was, adding: that's why we have to pull this off.
Background
Jeffries, his partner Smith, 62, and their purported intermediary James Jacobson, 73, were accused with running a international sex trafficking and prostitution business in October 2024.
They have pleaded not guilty the charges, which carry a potential penalty of life imprisonment.
Their detentions were prompted by an report that showed the three had been at the centre of a elaborate network scouting young men for sex globally while Jeffries was the head of Abercrombie & Fitch.
Presiding Judge Nusrat J. Choudhury will decide in May about whether Jeffries will be tried after reviewing the statements of several professionals - forensic psychologists, psychiatrists and brain specialists, including prison doctors - who were cross-examined in proceedings recently.
'Inappropriate' Conduct
Several defense witnesses, argue that Jeffries is legally unfit due to the after-effects of a traumatic brain injury, suspected a form of dementia and Alzheimer's disease.
They testified that Jeffries shows unfiltered and socially inappropriate conduct, which is consistent with a set of symptoms.
Reported incidents involve Jeffries referring to the prosecutor's expert witness a cunning bitch, praising her hair, telling another expert his clothing was poorly tailored, and describing his partner Smith as a dwarf, the court heard.
He was also recorded in great detail on around 20 prison calls discussing his travel itinerary for the coming months, despite having been on house arrest since 2024.
"I can't go on trips without you," Jeffries was heard saying to Smith from jail.
The prosecution suggest this demonstrates his understanding that he would be released if he was found unfit and the charges were dropped.
However, the defense's medical experts disagree, stating it instead highlights that Jeffries does not remember his court-ordered limits and the severity of the case.
"I didn't see the normal emotional response that I would anticipate someone to have who is up against such grave allegations," testified one expert who evaluated Jeffries.
"Instead, his manner during the examination... was almost like we were having a meal at his home. There was no indication of anxiety."
Opposing Medical Assessments
Evidence indicated there is information that Jeffries' decline commenced in 2013, when tests showed reduction in volume, which was worsened by a accident in 2018.
Jeffries had been intoxicated at the moment of the 2018 event and his medical records showed he persisted in drinking subsequent to being hospitalised, but an expert told the judge he did not think his general alcohol consumption had a decisive influence on his health.
Following the fall, Jeffries suffered a psychotic break, and began seeing things, with one event in 2019 where he was found in his underwear, immobile, in a neighbour's garden.
Medical professionals from a Federal Medical Center testified that Jeffries was fit after observing him over several months in prison.
They contend his mental faculties did not match Alzheimer's disease, which the court heard could not be absolutely determined until an examination could be performed.
"Even given the declines that Mr Jeffries has undergone... he still is more capable and more functioning mentally than probably 95% of the individuals that we test for fitness," stated one neuropsychologist.
Jeffries, dressed in a formal wear in the hearing, was reported to be jovial and rather personable during evaluations in prison, and was purposely pushing boundaries, sometimes using informal language.
They diagnosed Jeffries with slight deficits and indicated his results may have gotten better since 2023 from borderline or deficient to average because of stopping drinking and more consistent medication management during his stay.
109 Prison Calls Raise Issues
Fundamental to determining fitness is whether Jeffries understands the allegations against him, their penalties, the {legal proceedings|court process|trial