Central to determining competency is whether Jeffries understands the charges against him, their consequences, the legal proceedings, and can assist with his own defence.
The defence’s medical experts argue he cannot and is unable to name his charges and has “significant gaps in his biographical narrative”, such as the dates of his education.
Jeffries described being found guilty “as a money grab” and not that he could end up in prison, Bardey told the court, suggesting he did not understand the criminal process.
“If the judge knew who I was, she would know that there’s no way that I could be found guilty,” he recalled him saying.
But prosecutors told the judge that both could be true: Jeffries has already had $11m in cash seized by the US government and if found guilty, may be ordered to compensate victims.
Valdes testified that Jeffries shows some difficulties with his processing speed, attention, and problem-solving. His ability to list as many fruits and vegetables in a minute was in the bottom 3% of his peers, she says, and his recall of a list of 16 words was at the bottom 1% for his age.
Neither the defence’s witnesses nor the prison’s doctors believed Jeffries was “malingering” – or intentionally fabricating or exaggerating his symptoms.
However, prosecutors argue that his 109 prison phone calls to Smith last year, comprising over 22 hours of audio, along with his recorded evaluation with the defence experts from January this year, tell a different story.
Jeffries is heard discussing possible defence strategies, such as discrediting witnesses and saying, “these people were adults, there was no force involved”, they told the judge.
In other recordings played in court, Jeffries praises a “fascinating book” he read on the history of Conde Nast and discusses the passionate TV series Heated Rivalry about two queer hockey players — though he misremembers the title as Fierce Rivalry – and cites an editorial he read suggesting how the show “represents a change in the gay world”.
Prosecutors say this is evidence that Jeffries can understand, retain information and read – something his partner, Smith, had told the defence experts he was unable to do.
Jeffries is also heard lamenting about his 22-year career at Abercrombie & Fitch and tearfully reminiscing about store openings, including “driving down Fifth Avenue” as the retailer’s flagship shop was opened in New York City in 2005.
“Build a story about that. Around that,” he is heard telling the defence’s experts of his success in business during their 2026 evaluation.
In court, US prosecutor Erin Reid questioned how Jeffries could “remember important moments from his career” but forgotten the “50 to 60 wild orgies he attended” around the world during the same years.
Jury selection is currently scheduled for 26 October and a trial is expected to continue with Smith and their alleged middleman Jacobson, even if Jeffries is ruled incompetent.
Last year, a court ruled that Abercrombie & Fitch must pay for Jeffries’ criminal defence bill – a figure lawyers say is likely to run into millions – as a result of an indemnification agreement he signed while stepping down as chief executive in 2014.