Jail Recorded Conversation Tapes Spark Doubts About Former Abercrombie CEO's Competency for Legal Case
Former A&F chief executive Mike Jeffries was recorded saying to his UK-based partner how they were screwed and in grave danger if he was found able to go to trial on sex trafficking accusations in the coming months, a federal court in NY has heard.
The recordings were included in over 100 telephone conversations between the ex-fashion boss and Matthew Smith played during a lengthy mental competency session on Long Island on Long Island.
Jeffries' lawyers contend that he is coping with cognitive decline and the onset of Alzheimer's and is unfit to be tried next to his partner and their purported intermediary in October.
Nevertheless, prosecutors argue their medical experts determined his health has gotten better and that the recordings show he is incredibly focused on being ruled unfit.
In other recordings, Jeffries says he is hoping for a positive result, describing being ruled able as a disaster, and instructs a doctor: you must rule me unfit, the judge heard.
Court Proceedings and Psychiatric Testimony
The recordings were made last year while he was being held for a period of months in a mental health unit at a US prison in North Carolina to assess if he could restore fitness.
The elderly defendant had in the past been deemed not competent previously but correctional authorities then declared in December that he was able for trial subsequent to his treatment period.
The prosecution informed the judge Jeffries repeatedly protested incarceration and was heard explaining to Smith how horrible prison was, stating: that's why we must make this work.
The Case
Jeffries, his partner Smith, 62, and their purported go-between James Jacobson, 73, were charged with running a worldwide trafficking and commercial sex enterprise in October 2024.
They have denied the accusations, which could result in a potential penalty of life imprisonment.
Their detentions followed an report that uncovered the group had been at the centre of a complex scheme scouting young men for sex globally while Jeffries was CEO of Abercrombie & Fitch.
The Honorable Nusrat J. Choudhury will decide in May about whether Jeffries will face trial after reviewing the statements of six experts - forensic psychologists, specialists and neurologists, including prison doctors - who were examined in the courtroom this week.
'Disinhibited' Conduct
A trio of medical witnesses for the defense, testify that Jeffries is legally unfit due to the lingering impact of a head injury, likely dementia and Alzheimer's disease.
They said under oath that Jeffries exhibits socially inappropriate and socially inappropriate conduct, which is consistent with a spectrum of cognitive symptoms.
Reported incidents include Jeffries calling the prosecutor's expert witness a derogatory term, complimenting her hair, telling another expert his clothing was ill-fitting, and describing his partner Smith as a midget, they say.
He was also taped in great detail on approximately 20 recorded calls talking about his travel itinerary for the coming months, notwithstanding having been on restricted movement since 2024.
"I don't want to go on trips without you," Jeffries was overheard saying to Smith from prison.
The prosecution suggest this demonstrates his recognition that he would regain his freedom if he was ruled incompetent and the charges were dropped.
However, the defense's expert witnesses counter, saying it instead points to that Jeffries fails to recall his conditions and the severity of the charges.
"There wasn't the normal emotional response that I would expect someone to have who is confronting such grave charges," stated one doctor who evaluated Jeffries.
"On the contrary, his manner throughout the examination... was as if we were having a chat at his club. There was no indication of anxiety."
Opposing Psychiatric Opinions
Testimony indicated there is evidence that Jeffries' cognitive deterioration commenced in 2013, when scans showed brain shrinkage, which was exacerbated by a accident in 2018.
Jeffries had been intoxicated at the time of the 2018 event and his history showed he continued drinking after being hospitalised, but an expert told the judge he did not think his general drinking had a major impact on his condition.
After the fall, Jeffries suffered a psychotic break, and began seeing things, with one event in 2019 where he was found in his underclothes, incapacitated, in a neighbor's yard.
Experts from a prison hospital testified that Jeffries was fit after assessing him over several months in the facility.
They contend his cognitive abilities did not align with Alzheimer's disease, which the court heard could not be absolutely determined until an autopsy could be performed.
"Even given the reduction that Mr Jeffries has suffered... he still is more capable and more functioning cognitively than probably 95% of the individuals that we evaluate for fitness," testified one expert.
Jeffries, wearing a formal wear in the courtroom, was described as jovial and rather charismatic during evaluations in the facility, and was purposely being provocative, sometimes using informal terms.
They found 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 improved treatment during his evaluation.
109 Recorded Conversations Present Concerns
Fundamental to establishing competency is whether Jeffries understands the allegations against him, their penalties, the {legal proceedings|court process|trial