Prison Phone Call Tapes Spark Concerns Over Ex-Abercrombie Boss' Competency for Legal Case

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The 81-year-old was earlier deemed legally unfit last May.

Former A&F chief executive Mike Jeffries was taped informing his associate that they were in serious trouble and in big trouble if he was declared fit to stand trial on human trafficking charges in the coming months, a US district court has been told.

The taped conversations were among more than 100 telephone conversations between the ex-fashion boss and Matthew Smith played during a lengthy mental competency hearing this week on Long Island.

Jeffries' attorneys argue that he is coping with dementia and the onset of the disease and is not competent to stand trial next to his partner and their purported middleman in October.

Nevertheless, government lawyers say their medical experts found his condition has gotten better and that the calls reveal he is incredibly preoccupied on being declared not competent.

In other audio clips, Jeffries states he is hoping for a positive result, labeling being ruled able as a calamity, and tells a medical professional: you had better find me unfit, the judge heard.

Judicial Proceedings and Medical Evidence

The calls were recorded in the past year while he was being treated for four months in a treatment center at a correctional institution in North Carolina to determine if he could recover his faculties.

The elderly defendant had in the past been deemed mentally incompetent previously but prison officials then declared in December that he was able for proceedings after his treatment period.

Prosecutors advised the court Jeffries repeatedly griped about prison conditions and was recorded explaining to Smith how horrible jail was, adding: that's why we must succeed.

Background

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

They have entered not guilty pleas the charges, which have a potential penalty of life in prison.

Their detentions were prompted by an investigation that showed the trio had been at the heart of a complex operation sourcing men for sex around the world while Jeffries was CEO of Abercrombie & Fitch.

Presiding Judge Nusrat J. Choudhury will decide in May about whether Jeffries will face trial after weighing the testimony of several professionals - forensic psychologists, specialists and neurologists, including correctional physicians - who were questioned in the courtroom recently.

'Inappropriate' Conduct

A trio of defense witnesses, argue that Jeffries is cognitively impaired due to the lingering impact of a traumatic brain injury, suspected Lewy body dementia and Alzheimer's disease.

They testified that Jeffries exhibits socially inappropriate and off-color behavior, which is consistent with a range of cognitive symptoms.

Instances are Jeffries calling the prosecution's psychologist a insult, praising her hair, informing another expert his clothing was poorly tailored, and referring to his partner Smith as a dwarf, the court heard.

He was also heard in excruciating detail on approximately 20 jail conversations talking about his travel itinerary for the near future, despite having been on home confinement since 2024.

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

The prosecution suggest this indicates his recognition that he would go free if he was found incompetent and the case were dismissed.

However, the defence's medical experts disagree, saying it instead highlights that Jeffries does not remember his court-ordered limits and the seriousness of the case.

"There wasn't the expected emotional response that I would anticipate someone to have who is up against such serious allegations," stated one forensic psychiatrist who assessed Jeffries.

"On the contrary, his manner throughout the evaluation... was similar to we were having lunch at his home. There was no sign of anxiety."

Opposing Medical Assessments

Reports indicated there is information that Jeffries' decline commenced in 2013, when scans showed reduction in volume, which was exacerbated by a accident in 2018.

Jeffries had been intoxicated at the time of the 2018 event and his records showed he continued drinking subsequent to being treated, but an expert told the judge he did not think his general intake had a major impact on his condition.

After the fall, Jeffries experienced psychosis, and began having visions, with one event in 2019 where he was discovered in his underwear, incapacitated, in a neighbour's garden.

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Doctors from a Federal Medical Center stated that Jeffries was able after evaluating him over four months in prison.

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

"Even given the deterioration that Mr Jeffries has experienced... he still is sharper and more functioning mentally than probably 95% of the patients that we test for fitness," stated one doctor.

Jeffries, dressed in a suit and tie in the court, was reported to be jovial and quite engaging during interactions in prison, and was intentionally pushing boundaries, sometimes using disrespectful language.

They found Jeffries with minor cognitive impairments and said his results may have risen since 2023 from low or impaired to typical because of sobriety and better management of prescriptions during his evaluation.

109 Jail Recordings Prompt Issues

Key to establishing competency is whether Jeffries grasps the charges against him, their implications, the {legal proceedings|court process|trial

Gregory Cowan
Gregory Cowan

A gaming industry analyst with over a decade of experience in casino operations and slot machine technology.