A former Chicago Archdiocese substitute teacher pleaded guilty Thursday to aggravated battery of a child, a felony, after he was accused of engaging in inappropriate behavior with a 9-year-old boy he was hired to tutor in Orland Park.
Brett Smith, 43, was ordered detained in March on felony charges of aggravated sexual abuse of a minor and wire fraud charges in Cook County. Those charges were dismissed as part of the plea agreement with Cook County prosecutors.
The agreement came following a hearing Wednesday where Judge Steven Rosenblum said he would allow the 9-year-old boy to testify through a closed-circuit television, according to a court sheet.
Smith was sentenced to two years of probation and must register as a violent offender against youth.
“There is something not right with the actions of Mr. Smith taken over a long period of time,” Rosenblum said Thursday.
“Each time when that has occurred, either the penalties were not stiff enough or he did not get the understanding that these types of actions cannot continue,” the judge said. “So I’m putting an end to them now. There will be no teaching, no tutoring, no coaching — no anything involving children while under the conditions of my probation.”
Rosenblum said he agreed to the plea deal in part to avoid traumatizing the 9-year-old victim and other witnesses expected to testify when the trial began next week.
“I understand why the family would agree to this, because they don’t want their child to go through with the testimony in this case,” Rosenblum said.
The child’s father, who was not named during the court hearing, read a statement saying his son “is no longer the carefree child he once was.”
“As parents, we have spent countless sleepless nights wondering how we can help him, knowing we can never erase what was done to him,” he said.
The prosecutors’ motion requesting the child testify through a closed-circuit television said the child’s parents “have extreme concern for the inevitable re-traumatization of (the child) that would result from testifying in the presence of the defendant.”
“Since the incident, (the child) has had no contact with the defendant. Testifying in open court will trigger (his) fear, anxiety and nightmares,” prosecutors wrote.
In response, Smith’s attorney Steven A. Greenberg requested a forensic examination of the child to determine whether he would suffer emotional distress if required to testify.
Prosecutors stated in their motion that his parents noticed changes in the 9-year-old boy’s behavior after his encounters with Smith, including a loss of trust in others, a persistent belief Smith may seek him out and physically harm him and an inability to sleep or use the restroom at school alone.
Greenberg wrote in his motion that prosecutors failed to provide any evidence the boy was being treated for mental health issues.
“The state has not provided any school records or other documents to substantiate the parents’ claims,” Greenberg stated.
Smith worked in at least four schools on the South Side of Chicago and in the south suburbs, including Queen of Martyrs Catholic School in Evergreen Park, in the 16 months leading up to his January firing.
Queen of Martyrs announced last month it would not reopen for the 2026-2027 school year, citing a decline in projected enrollment.
Prosecutors had alleged Smith rubbed the Orland Park child’s back under his shirt, causing scratches, during their 14 tutoring sessions from December 2025 to January. The boy also reported Smith multiple times placed the child’s pen on his own upper thigh or groin area, where the child would have to grab it to continue his work, prosecutors said.
Greenberg previously told the Southtown that Smith “has an issue of rubbing backs,” adding, “I don’t know why he keeps doing it.” But he said past cases brought against Smith show he is not guilty of more than that.
“With all of these allegations against him over the years, what ends up happening is when they get into the nitty gritty, there is no meat on the bones of the allegations,” Greenberg said in March.
Smith was also charged in Evergreen Park in January with misdemeanor battery. He is accused of making unwanted physical contact with a juvenile while working at Queen of Martyrs, placing his hand on the student’s hand and pressing his upper back onto the student’s back while conducting a school-related activity. A hearing in that case is scheduled for Sept. 8 at the Bridgeview courthouse.
The archdiocese listed several names the teacher has used in the past, including Brett Zagorac, before legally changing his name.
The parents of the Orland Park child Smith was tutoring under the alias BJ S. McAuliffe became concerned when the name for a requested bank payment appeared as Brett Smith, according to prosecutors.
After unearthing news articles and videos detailing prior allegations made about Smith’s behavior toward other children in Illinois and elsewhere, the parents contacted police, prompting the criminal investigation and charges.
A parent of a student at Queen of Martyrs made the archdiocese aware of past allegations, the archdiocese said.
“Upon learning these allegations, we took immediate action to bar him from our schools and he has been terminated,” said the letter, signed by Greg Richmond, the superintendent of schools, and Leah Heffernan, director of the archdiocese’s office for the protection of children and youth.
ostevens@chicagotribune.com
