Judge awards parents remains of woman who was found dead with severed foot
CHICAGO (CBS) -- The parents of a woman found dead in a South Loop apartment stairwell last month scored a major win in court on Tuesday.
A Michigan judge ruled that Caitlin 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.
A police report from Oct. 27 said it was a severed foot that was first discovered in the stairwell by a resident at a South Loop apartment complex. Police would discover the body of the 36-year-old Tracey at the bottom of the stairs.
It was Tracey's husband's apartment building, and he had contacted police the day before to say she was missing, according to court records.
Tracey's husband was held for questioning for two full days, but released without charges—which is why he is not being named at this point.
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 daughters 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.
CBS News Chicago did reach out to Tracey's husband for an interview or any comment on the ruling today. As of late Tuesday, there had been no response.
Tracey's family also declined to be interviewed for this story, but said they were grateful for the judge's ruling.
Tracey's family's Michigan attorney, Mitt Drew of Butzel Long, said in a statement: "We are incredibly grateful for Judge Berger's expedited decision. The ruling allows Caitlin's family not only to honor her life with the final services she deserves, but also to grieve appropriately, supporting them in their journey through this difficult time."
A statement was also released by the family's Chicago attorney, Andrew Cunniff of Galarnyk and Associates: "Today's ruling in Michigan is a critical step in the family's efforts to protect and preserve Caitlin's legacy. The family will continue to fight for Caitlin until she is laid to rest with the respect and dignity she deserves."
Meanwhile, the mystery continues. The Medical Examiner's office said it currently does not have a timeline for when the cause of death will be released.
