Jail Telephone Tapes Prompt Concerns About Ex-Abercrombie CEO's Ability for Legal Case

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The 81-year-old had previously been found legally unfit in May of last year.

One-time A&F chief executive Mike Jeffries was recorded telling his UK-based partner that they'd be in serious trouble and in deep trouble if he was found able to stand trial on human trafficking accusations in the coming months, a federal court in NY has learned.

The audio were among more than 100 telephone conversations between the ex-fashion boss and Matthew Smith played during a four-day fitness to stand trial session recently on Long Island.

Jeffries' legal team argue that he is battling cognitive decline and late onset of Alzheimer's disease and is not competent to stand trial alongside his partner and their alleged intermediary in October.

However, prosecutors argue their doctors concluded his mental state has stabilized and that the conversations demonstrate he is extremely focused on being declared not competent.

In other audio clips, Jeffries is heard saying he is wishing for a favorable ruling, labeling being deemed competent as a catastrophe, and instructs a physician: you must find me unfit, the Central Islip court was told.

Legal Proceedings and Medical Opinions

The recordings were made the previous year while he was being treated for four months in a mental health unit at a correctional institution in North Carolina to assess if he could recover his faculties.

The elderly defendant had in the past been deemed not competent previously but correctional authorities then announced in December that he was fit for proceedings following his evaluation.

The prosecution advised the judge Jeffries repeatedly complained about prison conditions and was recorded describing to Smith how horrible prison was, stating: which is why we have to succeed.

The Case

Jeffries, his partner Smith, 62, and their accused go-between James Jacobson, 73, were indicted with orchestrating a worldwide human trafficking and prostitution business in October 2024.

They have denied the charges, which carry a maximum sentence of life in prison.

Their being taken into custody followed an report that uncovered the trio had been at the centre of a elaborate operation scouting individuals for sex internationally 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 testimony of multiple specialists - psychologists, specialists and medical experts, including facility doctors - who were questioned in the courtroom during the hearing.

'Inappropriate' Conduct

Three medical witnesses for the defense, argue that Jeffries is mentally incompetent due to the lingering impact of a brain trauma, suspected dementia and Alzheimer's disease.

They testified that Jeffries demonstrates socially inappropriate and improper behaviour, which is part of a range of symptoms.

Instances include Jeffries calling the prosecution's professional psychologist a insult, remarking on her hair, informing another expert his clothing was ill-fitting, and describing his partner Smith as a dwarf, according to testimony.

He was also taped in excruciating detail on around 20 prison calls planning his travel itinerary for the near future, despite having been on house arrest since 2024.

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

Prosecutors contend this demonstrates his awareness that he would be released if he was declared unfit and the indictment were dismissed.

Conversely, the defense's expert witnesses counter, stating it instead highlights that Jeffries fails to recall his legal restrictions and the gravity of the situation.

"He lacked the appropriate reaction that I would expect someone to have who is facing such grave allegations," stated one doctor who evaluated Jeffries.

"Instead, his manner during the examination... was similar to we were having a chat at his home. There was no sign of alarm."

Opposing Neurological Opinions

Testimony indicated there is evidence that Jeffries' cognitive deterioration began in 2013, when tests showed reduction in volume, which was worsened by a accident in 2018.

Jeffries had been consuming alcohol at the time of the 2018 incident and his records showed he persisted in drinking subsequent to being treated, but an expert told the judge he did not think his typical drinking had a decisive influence on his condition.

In the wake of the fall, Jeffries became psychotic, and started having visions, with one episode in 2019 where he was found in his underwear, incapacitated, in a nearby property.

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Experts from a prison hospital testified that Jeffries was fit after assessing him over four months in custody.

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

Jeffries, dressed in a business attire in the courtroom, was reported to be lighthearted and fairly engaging during meetings in prison, and was purposely pushing boundaries, on occasion using familiar address.

They found Jeffries with minor cognitive impairments and said his results may have improved since 2023 from borderline or deficient to average because of abstinence from alcohol and improved management of prescriptions during his confinement.

109 Prison Calls Present Issues

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

James Shepherd
James Shepherd

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