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Court hears Jeffries' recorded fears of trial as competency battle unfolds
A federal court in New York has reviewed audio recordings of former Abercrombie & Fitch CEO Mike Jeffries telling his British partner, Matthew Smith, that they would be "screwed" and in "big trouble" if Jeffries was deemed fit to stand trial on sex trafficking charges. The exchanges were part of over 100 prison phone calls played during a four-day mental competency hearing on Long Island this week.
Defence argues dementia renders Jeffries unfit for trial
Jeffries' legal team claims the 81-year-old is suffering from dementia and late-onset Alzheimer's disease, making him unable to face trial alongside Smith, 62, and their alleged middleman, James Jacobson, 73, in October. The trio was charged in October 2024 with running a global sex trafficking and prostitution operation while Jeffries led the fashion retailer. All three have pleaded not guilty, with the charges carrying a potential life sentence.
The defence presented three medical experts-Dr. Jacqueline C. Valdes, Dr. Alexander Bardey, and Dr. Miranda Rosenberg-who testified that Jeffries exhibits symptoms of dementia, including disinhibited and socially inappropriate behavior. Examples cited in court include Jeffries calling a prosecutor's psychologist a "cunning bitch," criticizing Bardey's clothing as "poorly tailored," and referring to Smith as a "dwarf."
Prosecutors counter with evidence of strategic focus
Prosecutors, however, argue that Jeffries' condition has improved and that the prison phone calls reveal a man "incredibly focused" on avoiding trial. In one recording, Jeffries is heard telling a doctor, "you better find me incompetent," while describing a competent ruling as a "disaster." He also expressed hope for a "good outcome" in his case.
Federal prosecutors highlighted that Jeffries was recorded discussing defense strategies, such as discrediting witnesses, and stating, "these people were adults, there was no force involved." They also noted his ability to recall details from his career, including store openings and business successes, while allegedly forgetting key aspects of the charges against him.
Medical experts clash over Jeffries' mental state
The court heard conflicting testimony from six medical experts, including forensic psychologists, psychiatrists, and neurologists. Defence experts pointed to Jeffries' traumatic brain injury, probable Lewy body dementia, and Alzheimer's disease as evidence of his incompetency. Dr. Valdes testified that MRI and CT scans from 2013 showed "mild atrophy" in Jeffries' brain, which worsened after a 2018 fall in Cape Town, South Africa, where he was hospitalized after a psychotic episode.
In contrast, Dr. Tracy O'Connor Pennuto and Dr. Cassondra Morris, from the Federal Medical Center in Butner, North Carolina, testified that Jeffries was competent after a four-month evaluation. Pennuto, the prison's only neuropsychologist, stated that Jeffries' cognitive abilities were "not consistent with Alzheimer's disease" and that he performed better than 95% of patients assessed for competency. She described Jeffries as "jovial" and "charismatic" during their interactions, noting that he occasionally tested boundaries, such as calling her a "girl."
Prison behavior and legal strategy under scrutiny
Prosecutors argued that Jeffries' behavior in prison-where he was moved to general population with his cell door unlocked-demonstrated his ability to function without round-the-clock care. Morris testified that Jeffries was "very interested" in increasing his prison privileges and had even joked about driving, saying, "I haven't driven in 20 years" because he had others to do it for him.
Jeffries was recorded discussing future travel plans with Smith, which prosecutors say shows his awareness of the potential consequences of a competency ruling. The defence, however, argued that these conversations highlight Jeffries' lack of understanding of his legal restrictions and the severity of the charges.
Judge to decide competency in May
Judge Nusrat J. Choudhury will rule in May on whether Jeffries is fit to stand trial. The decision will follow testimony from the six experts who were cross-examined this week. If Jeffries is deemed incompetent, the trial will proceed with Smith and Jacobson, with jury selection currently scheduled for October 26.
Last year, a court ruled that Abercrombie & Fitch must cover Jeffries' legal fees, which are expected to run into millions, under an indemnification agreement signed when he stepped down as CEO in 2014.
"There wasn't the appropriate emotional response that I would expect someone to have who is facing such grave charges, who might end up, if found guilty, dying in prison. Instead, his manner throughout the evaluation was almost like we were having lunch at his country club. There was no sense of alarm or distress."
Dr. Alexander Bardey, forensic psychiatrist
