Tutor Detained On Criminal Sexual Abuse Charge Involving 9-Year-Old Orland Boy

ORLAND PARK, IL — A Tinley Park man with a history of child molestation allegations was ordered detained following a pre-detention hearing Friday afternoon at the Bridgeview Courthouse.

Wearing a Harvard University sweatshirt, Brett Smith, 43, appeared before Cook County Judge William Fahey on a felony charge of aggravated criminal sexual abuse. Smith is alleged to have repeatedly touched a 9-year-old boy while employed by the boy’s parents as a private tutor in Orland Park.

A Cook County assistant state’s attorney read a litany of past allegations dating back over 20 years, saying Smith had legally changed his last name from Zagorac to hide his identity so he could continue getting access to children as a tutor and substitute teacher.

The 9-year-old boy’s mother hired Smith after seeing his ad on the NextDoor app last month offering his services as a tutor under the name “BJ Wilhelm.” The prosecutor said between Dec. 7, 2025, and Jan. 7, 2026, Smith met with the boy for 13 or 14 sessions.

The boy’s mother interviewed Smith at their home and hired Smith to meet with her son the same day. The first several sessions were paid for in cash, but when the mother paid by Zelle, the prosecutor said she noticed his name came up as “Brett Smith,” which was different from the name he gave the boy’s parents.

Disturbed about the false name that Smith had given them, the prosecutor said the boy’s parents began researching “Brett Smith,” finding numerous articles where he had been accused of sexual abuse and fraud, with cases from Illinois, Indiana and Arizona showing up under the names “Brad Zagorac” and “Brad Smith.”

The mother went to Orland Park police on Jan. 7 with her concerns. While at the police station, the mother called the boy’s father, who was with their son, who screamed in the background that Smith had touched him, the prosecutor said.

During tutor sessions, it was learned in a forensic interview with the child that Smith would rub his back, eventually putting his hand under the boy’s shirt and then slipping his hand under the boy’s underwear to stroke his buttocks.

According to the prosecutor, Smith also peppered the boy with questions about his parents—their ages, their work schedules and if they ever fought. When the boy answered Smith’s questions, the prosecutor said Smith would reward the boy by giving him stickers.

Smith is also alleged to have shown cell phone pictures to the boy of other kids he had tutored. In one instance, Smith took away the pen the boy was using and placed it on his crotch, asking the boy to retrieve it, the prosecutor said. Smith gave the boy a sticker, authorities said.

Smith was able to get many of the felony child sex abuse charges knocked down to misdemeanor battery charges.

In Naperville, Smith was charged with 13 criminal sex abuse charges while a substitute teacher in 2007. The felony charges were later knocked down to a single battery charge.

Smith was arrested again in February 2010 in Porter County, Indiana, while employed as a tutor, and was accused of rubbing his hands over a child’s buttocks. He was ultimately found guilty on a misdemeanor battery charge and was sentenced to 180 days probation with conditions that he not seek employment as a substitute teacher or tutor.

But later the same year, Smith was again charged with misdemeanor battery, where he sought employment of a tutor. The prosecutor said in an Evanston case, a 7-year-old student told police that Smith made the child “feel awkward and weird.” Smith's probation in Indiana was revoked when it turned out he had violated conditions of probation, the prosecutor told the judge.

Around 2016, the prosecutor told the judge that Smith legally changed his name from “Brett Zagorac” to “Brett Smith.”

Last week, Smith was fired as a substitute from Queen of Martyrs School in Evergreen Park, when parents brought newspaper articles of Smith’s past allegations to administrators’ attention and shared that information with police. On Friday, Evergreen Park police charged Smith with one count of battery.

The prosecutor argued that Smith has demonstrated that he cannot abide by pre-trial conditions and sought tutoring and substitute teaching jobs while on probation.

“For the past 23 years, he has used aliases to deceive children and their parents,” the prosecutor said. “Even if confined at home, he has a history of deception to get into children’s homes for tutoring sessions.”

Smith’s attorney said the Orland boy’s parents went on an “expedition” to research his client before any claim by the child going to his parents. The attorney also said that police may have “placed thoughts” of inappropriate touching in the boy’s head.

“My client has no past felony convictions and no indication there was sexual contact.” Smith’s attorney said.

The attorney also told the judge that Smith has a stable home where he can be monitored if on home confinement, and is the primary caregiver for his elderly parents.

Judge Fahey said that a teacher, next to his or her parents, is ultimately in a position of trust.

Given the allegations that started 20 years ago, relocations and name changes, Judge Fahey called any electronic monitoring or home confinement “woefully inadequate” in protecting the 9-year-old and other children in the community.

“Frankly, Mr. Smith, enough is enough,” the judge said, ordering that Smith be detained at Cook County Jail.

Smith is due back in court Feb. 20 at the Bridgeview Courthouse.