Disgraced former Abercrombie & Fitch CEO Michael Jeffries once urged prison doctors to find him incompetent for trial, a federal judge heard on Tuesday.
The 81-year-old is facing one count of sex trafficking and 15 counts of interstate prostitution, with prosecutors alleging he sexually abused more than a dozen young male models between 2008 and 2015.
Prosecutors have claimed Jeffries, his partner Matthew Smith and alleged fixer James Jacobson lured the men to drug-fueled sex parties in the Hamptons by promising them they would model for the retailer's ads.
Jeffries' defense attorneys have argued that he is incompetent to stand trial, after being diagnosed with Alzheimer's disease and Lewy body dementia.
But their arguments seemed to take a turn when defense lawyer Brian H Bieber asked Dr. Jacqueline C. Valdes, a clinical neuro-psychologist, whether there is a tape in which Jeffries expresses his hope 'for a good outcome.'
Dr. Valdes acknowledged that there is a recorded phone conversation in which the millionaire said doctors 'better find me incompetent.'
'He was just saying things without a filter,' the doctor insisted to US District Court Judge Nusrat Choudhury as a three-day competency hearing got underway Tuesday.
'It's just another example of the disinhibited behavior I was talking about earlier.'
Disgraced former Abercrombie & Fitch CEO Michael Jeffries, 81, appeared in federal court on Tuesday for a competency hearing
Jeffries' defense attorneys have argued that he is incompetent to stand trial , after being diagnosed with Alzheimer's disease and Lewy body dementia
Prosecutors have claimed Jeffries, his partner Matthew Smith (right) and alleged fixer James Jacobson (left) lured the men to drug-fueled sex parties in the Hamptons by promising them they would model for the retailer's ads
Other examples, she said, include Jeffries using 'words like b*h' in conversation with mental health workers at a North Carolina prison.
'He was repeatedly described as being a little too personal,' Valdes continued. 'It happened with me. He was sometimes jocular, sometimes too personal in his interactions with me.'
The doctor has been assessing Jeffries' cognitive impairment since October 2023, when he appeared 'confused' and had a 'shuffling gait' and tremors.
Smith also told her at the time that the former CEO had been 'found in a neighbor's yard, sitting in his underwear and being unable to move,' Valdes testified.
But she said there was evidence his mental decline began back in 2013, when an MRI showed 'mild atrophy,' or shrinking, of the brain, which became worse after he fell on a trip to South Africa in 2018.
He had also been prone to hallucinations, wandering, delusional thinking and 'acting out his dreams' even before his October 2024 indictment, Valdes said.
Prosecutor Adam Toporovsky later pointed out that some of Jeffries' cognitive testing results improved when she examined him this year compared to his results in 2023 - though Valdes attributed any improvements to his medication.
As the two sides sparred in court, Jeffries - sporting a stylish, dark two-piece slim-fit suit with his hair neatly styled and his ankle monitor bulging out of his right pant leg - appeared alert and even chatty.
Defense attorneys argue there was evidence his mental decline began back in 2013, when an MRI showed 'mild atrophy,' or shrinking, of the brain, which became worse after he fell on a trip to South Africa in 2018. Jeffries is pictured in 1998
He was seen shaking a few people's hands and asking a female member of his defense team where she had driven in from. Jeffries even said 'hello' to a reporter.
Yet at other times during the hours-long proceeding, Jeffries appeared impatient, irritable and frustrated. At one point he even looked as if he was going to blurt something out before one person on his defense team caught him.
At other times, Jeffries was seen clasping his hands together and looking utterly bored as he sat next to his son, Andrew Jeffries.
During a break, the former CEO was also seen walking with his son to the men's room. He did not seem to have any balancing issues at the time, even walking with his hand in his pocket as if he was modeling the latest men's fashions.
When his son then asked, 'How are your feet? How is your head?' Jeffries replied, 'Fine,' before the pair walked back to the courtroom.
There was no sign of his wife in the courtroom, and there was no cane, walker or wheelchair in sight.
Prosecutors now argue Jeffries is competent to stand trial on the sex trafficking charges, saying their conclusions are supported by their own doctors and more than 100 of Jeffries' phone calls with his co-defendant, Smith.
Those calls were recorded last year during Jeffries' four-month stay in the mental health unit of a federal prison.
According to the federal indictment against Jeffries, his 'fixer' Jacobson would travel across the US and abroad to recruit and interview prospective male models for Jeffries' and Smith's sex parties.
Jacobson would then allegedly conduct 'tryouts' with potential candidates by paying them for sex with him. At the direction of Smith, Jacobson is also accused of paying fees to individuals who referred men for the sex parties in the Hamptons.
The alleged victims have said they believed attending the sex parties could provide them with model opportunities with Abercrombie and that their careers could suffer if they did not comply.
The victims were 'financially vulnerable,' prosecutors argued, according to NBC News, with the youngest being just 19 years old.
The sex parties incorporated Abercrombie products, with victims being given itineraries for it that did not mention commercial sex and 'resembled those often sent to models for photo shoots.'
Staff members controlled the entry and exit to the parties and required the victims to surrender their wallets, cellphones and sign non-disclosure agreements, according to the criminal indictment.
Jeffries' reign at Abercrombie & Fitch was dominated by its controversial brand image and the equally controversial remarks he made about his customer base
But prosecutors say the aspiring models were never told 'the full extent and nature of the sexual activity that would be required' - which allegedly included 'anal intercourse, the insertion of large sex toys into the anus, and high-pressured enemas administered by inserting a hose into the anus.'
They claim staff members provided the men with muscle relaxants known as 'poppers,' as well as lubricant, Viagra and condoms.
At times, Smith and Jeffries also allegedly injected in their penises 'a prescription-grade erection-inducing substance' that caused painful, hours-long reactions to get them to engage in sex acts 'in which they were otherwise incapable or unwilling.'
The victims were also allegedly paid to travel to places including New York City, England, France, Italy, Morocco and Saint Barthelemy to have sex with Jeffries, Smith and others.
When witnesses threatened to expose what was going on, Jeffries and Smith used a security company to surveil and intimidate them into silence, prosecutors said.
Jury selection is now slated to begin on October 26 if Judge Choudhury finds Jeffries is competent to stand trial.
In the meantime, the hearing will continue on Wednesday when the defense presents three witnesses and the prosecution is expected to play audio recordings.