Two teens accused of sexually assaulting St. Viator classmate plead not guilty

Two of the three former St. Viator High School students accused of sexually assaulting a female classmate at a graduation party in Roselle last spring pleaded not guilty Tuesday in a DuPage County courtroom.

Jon Clary II, of Bartlett, and Zachary Mascolo, of Arlington Heights, both 18, face multiple felony charges that could put them behind bars for decades if convicted of all counts. Both teens were previously granted pretrial release.

A third 18-year-old, Kevin Niemiec of Prospect Heights, also is charged. He pleaded not guilty earlier this month and remains in custody at the DuPage County jail.

Clary is charged with three counts of criminal sexual assault, two counts of criminal sexual abuse, one count of kidnapping and one count of unlawful restraint, all felonies. If convicted of all charges, he faces a maximum 52-year prison sentence largely because the criminal sexual assault charges are mandated to be served consecutively. He would also have to register as a sex offender if convicted of the more serious charges.

Mascolo is charged with two counts of criminal sexual assault, two counts of criminal sexual abuse, one count of kidnapping and one count of unlawful restraint. He faces a maximum 37-year prison sentence if convicted on all charges and would also have to register as a sex offender if convicted of the more serious charges.

Judge Ann Celine O'Hallaren Walsh rejected a request by Mascolo’s attorney Tuesday to return electronic devices to his client that were seized by investigators.

Assistant DuPage County State’s Attorney Jaclyn McAndrew argued the devices still have evidentiary value.

A hearing on a request from the teens’ accuser for a civil no-contact order is set for Friday. Both Clary and Mascolo are allowed to participate virtually. The hearing is necessary because a similar order issued in Cook County is expiring, prosecutors said.

Clary’s next court date is March 11, while Mascolo’s is set for March 19. Both can participate remotely, the judge ruled.

Niemiec is due back in court Feb. 9.

According to court papers, the three are accused of assaulting an 18-year-old female classmate June 15. Authorities allege the assault took place in a minivan parked down the street from a Roselle home that was hosting a party for recent graduates of St. Viator in Arlington Heights.

A few hours later, the woman told her parents what had happened and they took her to a hospital for treatment.

Roselle police eventually collected DNA evidence from the minivan and the woman’s clothes, court records show.