ANDREOZZI + FOOTE
Investigating Sexual Abuse Lawsuits Against Brett Smith and the Archdiocese of Chicago
Reviewed by:
Benjamin D. Andreozzi, Esq.
- Last Updated: February 9, 2026
The Archdiocese of Chicago has recently come under intense scrutiny following a series of reports regarding former substitute teacher Brett Smith, also known as Brett Zagorac, BJ Wilhelm, or BJ S. McAuliffe. Smith has been charged with aggravated criminal sexual abuse for allegedly molesting a 9-year-old student he was privately tutoring, a position he gained through his affiliation with the church. Despite a 20-year history of arrests and allegations, Smith was allowed access to students at several Chicago Catholic schools, including Queen of Martyrs and St. Walter – St. Benedict.
Our firm is investigating allegations that the Archdiocese failed to protect its students from a known predator. This lawsuit is about institutional accountability and ensuring that negligent hiring practices never compromise children’s safety.
Timeline of Events: A Documented History of Failure
The Archdiocese of Chicago has stated that Smith passed fingerprint and background checks in 2024. However, a review of the following history shows a trail of his misconduct and warning signs spanning over two decades:
- 2002 – 2003: The first reports of inappropriate touching by him emerge at schools in Munster and Schererville, Indiana.
- 2005: He is fired from multiple school districts in Naperville, Hinsdale, and Schaumburg after his Indiana arrest record is discovered.
- 2007: He pleads guilty to a misdemeanor battery charge involving students in DuPage County.
- 2009-2011: He is arrested and convicted of misdemeanor battery involving a 5-year-old in Portage, Indiana. He is arrested again in Evanston, Illinois, on battery charges.
- 2015: He is arrested in Wilmette, Illinois, for disorderly conduct-misrepresentation after using an alias to find tutoring work.
- 2019: He legally changes his name from Brett Zagorac to Brett Smith.
- 2021: He is indicted in Arizona for forgery and fraud related to his name change and efforts to hide his past from students’ parents.
- 2024-2025: He is employed by the Archdiocese of Chicago as a substitute teacher and tutor. He works at Queen of Martyrs in Evergreen Park and St. Walter-St. Benedict in Blue Island and Chicago.
- January 2026: He is fired by the Archdiocese and arrested in Orland Park and Evergreen Park on new charges of aggravated criminal sexual abuse and battery.
Read our full history and timeline of details on Brett Smith.
Why The Timeline Matters
This timeline is replete with red flags that were public and documented. Our investigation focuses on why the Archdiocese of Chicago allowed Smith into local classrooms in Evergreen Park, Blue Island, and the South Side, even though a simple search of his history or aliases would have revealed his past.
A Pattern of Conduct: Known Aliases
To evade detection and bypass background checks, Brett Smith has utilized numerous identities while offering tutoring and teaching services. If you or your child has interacted with a teacher or tutor by any of the following names, you may have been in contact with him:
- BJ S. McAuliffe
- BJ the Educator
- B.J. Welhelm or Wilhelm
- B.J. Zagor or Zagr
- BJ Smith
- BJ S.
- Brett Zagorac, his legal name until 2019
Our Legal Theory Against The Archdiocese
Partner Nathaniel Foote and the team at Andreozzi + Foote are dedicated advocates for survivors of clergy sexual abuse and school-based negligence. Our main legal theories in cases against Brett Smith and the Chicago Catholic Schools include the following:
- Negligent Hiring: The schools failed to conduct thorough background checks that would have revealed Smith’s extensive history and use of aliases.
- Negligent Supervision: The Archdiocese failed to monitor Smith’s interactions with students, providing him with unsupervised access to them.
- Punitive Damages: We believe the court should award punitive damages to deter institutions from such lax oversight in the future.
We handle these cases on a contingency fee basis. Therefore, we only get paid if we successfully recover compensation for sexual abuse for you.
Do I Still Have Time To File A Lawsuit?
A common concern for survivors is whether too much time has passed. However, the Illinois statute of limitations for sexual abuse has recently been expanded. These changes allow many survivors to seek justice for abuse that occurred years or even decades ago.
Even if the individual was never criminally charged, or if the school claims they were unaware of the behavior at the time, you may still have a valid civil claim for institutional negligence.
Take Action: Hold The Archdiocese of Chicago Accountable
The pattern of behavior exhibited by Brett Smith for decades and the Archdiocese of Chicago’s failure to prevent his access to local children demand a legal response. At Andreozzi + Foote, we are dedicated to ensuring that survivors in Evergreen Park, Blue Island, and throughout the Chicago area have a voice. We are here to fight for you and pursue compensation and accountability from negligent institutions for their failures.
Your consultation is 100% confidential and risk-free. We understand the courage it takes to step forward, and we provide a trauma-informed environment to discuss your rights.
CONTACT US TODAY
Free In-Depth,
Confidential Consultation
Empowering Survivors and Delivering Justice Nationwide
We understand the courage it takes to reach out for help, and we are here to listen. At Andreozzi + Foote, our trauma-informed attorneys are dedicated to providing compassionate, confidential support every step of the way. With extensive experience in advocating for survivors of sexual abuse, we are committed to creating a safe and supportive environment where your voice is heard and your rights are fiercely protected. Contact us today for a free, in-depth consultation and take the first step toward justice.