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A tutor and substitute teacher was in court on Friday, charged with inappropriately touching a child he was tutoring in Orland Park. He’s also been charged with inappropriately touching a student he was teaching in Evergreen Park.
Orland Park police have said Brett Smith, 43, of Tinley Park, has been charged with aggravated criminal sexual abuse. According to the charges, he inappropriately touched a 9-year-old boy he was tutoring.
Evergreen Park police also have charged him with battery. Those charges accuse him of making unwanted physical contact with a child at Queen of Martyrs school earlier this month by placing his hand on the student’s hand while standing behind him, and pressing himself against the boy’s back while he was at school.
Smith, who spent 16 months as a substitute teacher and tutor for Chicago Catholic Schools, was fired by the Chicago Archdiocese earlier this week, after officials learned of his long history of child molestation allegations.
Smith has changed his name multiple times, and has been arrested many times before and accused of touching his students, but has never been convicted of a felony.
In the case in Orland Park, prosecutors said Smith posted a listing on Nextdoor, identifying himself as BJ S. McAuliffe, a private tutor for hire.
Parents of a 9-year-old boy interviewed Smith and hired him the same day. He tutored their son at their Orland Park home more than a dozen times
Originally, the parents paid for the sessions in cash, but when they swapped to Zelle, they were confused to see the account linked to the name Brett Smith.
The boy’s father looked up Smith online and found an extensive criminal history, which prosecutors also outlined in court.
Prosecutors said the boy told his parents that his tutor would rub his back under his shirt while he was reading.
The parents found Smith was also formerly known as Brett Zagorac, and worked in at least four Catholic schools in the Chicago area over the last 16 months. The Chicago Archdiocese fired him on Monday and said they were not aware of any sexual misconduct allegations against him.
He was also previously accused of similar conduct in Arizona and Indiana.
In Arizona, that state’s attorney general has accused smith of legally changing his name to hide his past in 2021.
He was never convicted of a felony in these cases. Many times, the state argued, not because the crimes didn’t happen, but for other reasons — in some instances, young victims chose not to testify against Smith.
The judge in the Orland Park case ordered Smith detained until his next court date, saying, “Quite frankly, Mr. Smith, enough is enough.”
Smith is also facing a civil lawsuit from the family of a 2nd grade student at Queen of Martyrs, although it’s unclear if that’s the same victim he’s facing a battery charge for in Evergreen Park.
The lawsuit accuses Smith of grooming the boy and touching him inappropriately, including rubbing his buttocks and pressing his own body against the boy’s while he was seated at his desk.
The family also accuses the Archdiocese of negligence in hiring Smith, saying they should have known about his background of child molestation allegations.
In the filing, attorneys wrote “a simple Google search reveals credible evidence of SMITH’s sexual misconduct, occurring in multiple states. Therefore, a proper background search would further reveal such misconduct.”
Officials at the archdiocese asked anyone whose child has had contact with Smith that makes them uncomfortable to call their local police department or the DCFS Hotline (1.800.25.ABUSE). They can also contact the Archdiocese Office for the Protection of Children and Youth at 312-534-5254.
Orland Park police also asked anyone who believes they, their child, or a child under their care might have been a victim of Smith to contact their local police department.
