Newly disclosed recordings of prison phone calls are intensifying a courtroom fight over whether former Abercrombie & Fitch chief executive Mike Jeffries is mentally competent to face sex-trafficking and racketeering charges in New York.
In a motion filed late Wednesday in U.S. District Court in Manhattan, prosecutors said they reviewed more than a dozen calls placed by Jeffries from the Metropolitan Detention Center between December and February. On the tapes, the onetime retail magnate “discusses legal strategy, recalls dates and negotiates finances with evident clarity,” the filing states.
Jeffries’ lawyers insist the 79-year-old suffers from late-onset Alzheimer’s disease and advanced dementia that leave him “unable to meaningfully assist in his defense.” The defense has asked Judge Leticia Gómez to dismiss the indictment or, alternatively, to order his release to a medical facility. A competency hearing is set for 12 April.
Jeffries was arrested last autumn on allegations that he and longtime partner Matthew Smith coerced aspiring male models into sexual acts between 2006 and 2015. Both men have pleaded not guilty.
Legal analysts say competency challenges have become more common as high-profile defendants age. “Having lucid moments on tape does not automatically negate a progressive cognitive disorder,” said Dr. Evan Ortiz, a Columbia University neurologist who is not involved in the case. “The court will likely rely on neuropsychological testing rather than casual conversation.”
Prison calls are routinely recorded, but their use in determining mental fitness is rare. Civil-liberties advocates warned that allowing prosecutors to mine private conversations sets a troubling precedent. “These calls are made under duress and without medical context,” said Jamie Lee, policy director at the nonprofit Rights Inside.
The government has asked to play excerpts of the recordings during next month’s hearing. If Judge Gómez rules Jeffries competent, the trial could begin as early as June. A finding of incompetence would pause the criminal case indefinitely and shift the focus to long-term medical care.
Either outcome carries repercussions for dozens of civil suits filed by alleged victims and for Abercrombie & Fitch, which has sought to distance itself from its former chief since his 2014 departure. Investors will also be watching; analysts at Green Street Advisors say a protracted competency battle could delay insurance settlements and prolong reputational damage to the brand.
With the stakes mounting, both sides are expected to present dueling medical experts and, increasingly, the defendant’s own words from behind bars.