Cook County judge allows Michigan parents to take daughter's body home after dispute with her husband
CHICAGO (CBS) – A Cook County judge has cleared the way for the parents of a woman who was found dead in the South Loop last month to take her body back home with them to Michigan, following a dispute with the woman's husband, because of a history of domestic violence allegations.
On Friday, Judge Eve Reilly lifted a restraining order that had prevented the Cook County Medical Examiner's Office from releasing Caitlin Tracey's remains after a Michigan judge ruled earlier this week that Tracey's parents should take custody of her body.
Tracey's family did not want her husband to have her remains because of a history of domestic violence allegations. Court records show that Tracey had obtained a restraining order against her husband, and that he was facing domestic violence charges in Michigan at the time of her tragic and still-mysterious death.
Reilly's ruling on Friday will allow Tracey's parents to take custody of her body and return to Michigan for funeral arrangements.
"Today's hearing marked a significant step for Caitlin's family, and we are grateful to the courts for their sound and swift rulings, both in Michigan and Chicago," Tracey family attorney Andrew Cunniff said in a statement. "Finally, the Tracey family can close this chapter and focus on mourning Caitlin's loss and celebrating her remarkable life."
Tracey, 36, was found dead in a South Loop apartment stairwell last month, but the cause of her death remains under investigation.
A police report from Oct. 27 said it was a severed foot that was first discovered in the stairwell by a tenant in a high-rise in the 1200 block of South Prairie Avenue. Police found Tracey's body at the bottom of the stairs.
Tracey's husband lives in the building and had contacted police the day before to report her missing, according to court records.
He was held for questioning for two full days, but released without charges in connection to her death—which is why CBS News Chicago is not identifying him.
But a plethora of court documents reviewed by the CBS News Chicago Investigators paint a turbulent relationship between the two.
Tracey had filed for an order of protection in October 2023, and in the filing cited at least four incidents where she claimed her husband physically and verbally abused her.
"I am seeking an emergency order of protection because I am fearful for further abuse," Tracey wrote.
Tracey later withdrew the petition after her husband threatened to sue her for defamation and libel, according to court records.
Court records also show that her husband was arrested twice this year in New Buffalo, Michigan, where Tracey lived, for domestic violence against her.
On Tuesday, the Cook County Medical Examiner's Office said Tracey's cause of death is still pending the results of a police investigation.
But since her death, Tracey's remains have been held at the Medical Examiner's office due to a dispute over who is allowed to bury her.
Tracey's parents petitioned courts in Cook County and Berrien County, Michigan, arguing that they should take custody of their daughter's remains given the well-documented history of alleged "violent physical and emotional abuse against her."
They claim that Tracey's husband refused to release her remains and that he plans to cremate her body and keep the ashes. Tracey's parents wished to arrange a Catholic funeral and burial.
Berrien County Judge Brian S. Berger ruled in favor of the parents, giving them the authority to handle the arrangements.
Reilly's ruling on Friday will allow Tracey's parents to pick up her remains from the Medical Examiner's office so they can go forward with her funeral.
"Caitlin was an incredible young woman who was taken far too soon. We hope that her story may shine a light on the often-hidden tragedy of domestic abuse," Cunniff said. "The Tracey family would like to thank the public for the outpouring of support and assistance during this extremely difficult time. Now, we ask that their request for privacy be honored as they navigate this heartbreaking loss."