People of Michigan v. Gaetano Pepe

CourtMichigan Court of Appeals
DecidedJuly 17, 2026
Docket373912
StatusUnpublished

This text of People of Michigan v. Gaetano Pepe (People of Michigan v. Gaetano Pepe) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People of Michigan v. Gaetano Pepe, (Mich. Ct. App. 2026).

Opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED July 17, 2026 Plaintiff-Appellee, 10:17 AM

V No. 373912 Lapeer Circuit Court GAETANO PEPE, LC No. 2023-014542-FC

Defendant-Appellant.

Before: GADOLA, C.J., and BOONSTRA and CAMERON, JJ.

PER CURIAM.

Defendant was convicted after a bench trial of six counts of first-degree criminal sexual conduct (CSC-I), MCL 750.520b(2)(b), MCL 750.520b(1)(b), three counts of third-degree criminal sexual conduct (CSC-III), MCL 750.520d(1)(d), and as a second offense habitual offender, MCL 769.10. Defendant was sentenced to concurrent terms of 25 to 40 years in prison for three of the CSC-I convictions, 22 years and six months to 40 years in prison for three of the CSC-I convictions, and 10 years to 22 years and six months in prison for each of the CSC-III convictions. Defendant appeals as of right. We affirm.

I. FACTS

In 2021, 22 year-old CE reported that defendant, her stepfather, had sexually abused her throughout her childhood. CE reported that when she was eight or nine years old, defendant moved into the family home and later married CE’s mother. CE testified that defendant began to sexually abuse her when she was approximately 10 years old. CE testified that defendant began the abuse by touching her vaginal area but progressed over time to partial penetration and then to full penile- vaginal intercourse. According to CE, her mother worked long hours and rarely was home; defendant received disability, did not work, and was present in the home most of the time.

CE testified that she and defendant regularly had sex in various places in the family home, including bedrooms and bathrooms. She also testified that defendant often called the school to excuse her absence from school; CE testified that one day when she was in sixth grade, she did not go to school and “we put restraints on the bed frame and we had sex all day that day.” CE testified that she believed herself to be in love with defendant and wanted a permanent romantic relationship

-1- with him. She testified that he “spoiled” her with gifts and did her schoolwork for her. He also provided her with cigarettes, alcohol, prescription painkillers, and Xanax; she testified that she started smoking cigarettes that he provided to her when she was eight years old, and he gave her Percocet and Vicodin as early as age 11.

In eighth grade, CE began online homeschooling and therefore was frequently alone in the home with defendant all day. CE testified that her performance at school was poor, and she had to retake the ninth grade curriculum. She attempted to resume public school but eventually failed due to poor attendance. She testified that defendant would call the school to excuse her absence and she then would stay home and have sex with him instead of attending school. She eventually failed academically and left school without graduating.

CE testified that when she was 15 or 16 years old, defendant became increasingly controlling and possessive of her and became verbally and physically abusive. She testified that he called her profane names, threw rocks at her, slapped her so hard that she fell to the ground, and would hold her down and hold his cane on her throat until she would lose consciousness. She began declining his sexual advances but would relent after he argued, begged, and berated her for hours. After CE was 18 years old, the relationship continued as a consensual relationship until in late 2020, CE left the family home and moved in with her half-sister. According to CE, defendant continued to call, text, and write to her, and to confront her whenever he saw her. CE told defendant that if he did not stop contacting her, she would report the sexual abuse; defendant then threatened to kill her. In 2020, CE told a friend about her relationship with defendant and learned for the first time that the relationship was inappropriate. She eventually became very distressed and was hospitalized. CE thereafter reported the abuse to the police.

Defendant was charged with three counts of CSC-I under MCL 750.520b(2)(b) (victim under age 13, defendant 17 or older), three counts of CSC-I under MCL 750.520b(1)(b) (victim less than age 16, defendant member of same household), three counts of CSC-III under MCL 750.520d(1)(d) (defendant related to victim by blood or affinity), and as a second-offense habitual offender, MCL 769.10. Defendant was appointed counsel who requested a competency examination, which the trial court ordered. After receiving the report from the competency examination, the district court found defendant competent to stand trial. Shortly thereafter, defendant’s appointed counsel, Ramsey Mashni, moved to withdraw as counsel because there was a breakdown in the attorney/client relationship. The district court granted counsel’s motion and appointed new counsel, Meagan Stamell, for defendant.

Defendant waived arraignment while represented by attorney Stamell. At the preliminary examination, the prosecution stated on the record that defendant had been offered a plea agreement whereby the prosecution would dismiss all charges except one count of CSC-I if defendant pleaded guilty to that charge with a mandatory minimum of 25 years in prison, and that defendant had rejected the offered plea agreement. At the conclusion of the preliminary examination, the district court bound defendant over for trial.

In April 2024, attorney Stamell moved to withdraw as defendant’s counsel at the request of defendant, stating that there had been a breakdown in the attorney/client relationship. At the hearing on the motion, attorney Stamell explained:

-2- I do think that the request is appropriate. We have some significant challenges that have been raised about defense strategy. My client – I thought we were on the same page about defense strategy and my client advised that we were not.

I can’t go into too much detail, which kind of puts me in a difficult position just because of attorney/client privilege. . . . He was the one who brought up his request for a new attorney.

He does face a mandatory 25 years in prison upon conviction, as well as likely deportation. So given that, you know, I understand, I’m sure, the hesitations of the Court, but I think Mr. Pepe deserves to have an attorney who’s able to be on the same page with him in terms of his strategy and approach to this case.

Defendant confirmed to the trial court that he was requesting a new attorney. The trial court granted the motion, cautioning defendant that this was the last counsel the trial court would appoint to represent him in this matter. The trial court thereafter appointed attorney Josh West to represent defendant. Attorney West’s motion to withdraw as defendant’s counsel was heard by the trial court on July 29, 2024. Attorney West stated that there had been a breakdown in communication between him and defendant and that there was “disagreement in terms of strategy and how to proceed forward, and unfortunately I think there’s a lot of things my client wants that I legally and ethically cannot do.”

The trial court explained to defendant that the trial was going forward and no more delay was permitted given that defendant had been in jail awaiting trial for over 800 days. The trial court observed that each time the eve of trial approached, defendant became dissatisfied with his appointed counsel and sought the appointment of new counsel, further delaying trial. The following colloquy occurred, in relevant part:

The Court: And so this is your opportunity, Mr. Pepe.

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Related

Iowa v. Tovar
541 U.S. 77 (Supreme Court, 2004)
People v. Williams
683 N.W.2d 597 (Michigan Supreme Court, 2004)
People v. Adkins
551 N.W.2d 108 (Michigan Supreme Court, 1996)
People v. Lane
551 N.W.2d 382 (Michigan Supreme Court, 1996)
People v. Anderson
247 N.W.2d 857 (Michigan Supreme Court, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
People of Michigan v. Gaetano Pepe, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-of-michigan-v-gaetano-pepe-michctapp-2026.