CHICAGO (CBS) — A Cook County judge has cleared the way for the parents of a woman found dead in the South Loop last month to take her body home to Michigan after a dispute with the woman’s husband over a history of domestic violence. accusations.
On Friday, Judge Eve Reilly lifted a restraining order that prevented the Cook County Medical Examiner’s Office from releasing Caitlin Tracey’s remains. a Michigan judge ruled earlier this week that Tracey’s parents must take custody of her body.
Tracey’s family did not want her husband to have her remains due to a history of domestic violence allegations. Court records show that Tracey had a restraining order against her husband, and he was charged with domestic violence in Michigan at the time of her tragic and still mysterious death.
Reilly’s ruling Friday allows Tracey’s parents to take custody of her body and return to Michigan for funeral arrangements.
“Today’s hearing marked an important step for Caitlin’s family, and we are grateful to the courts for their sound and swift rulings in both Michigan and Chicago,” Tracey family attorney Andrew Cunniff said in a statement. “Finally, the Tracey family can close this chapter and focus on mourning the loss of Caitlin and celebrating her remarkable life.”
Tracey, 36, was found dead in the stairwell of a South Loop apartment last month, but the cause of death remains under investigation.
According to an Oct. 27 police report, it involved a severed foot that was first discovered in the stairwell by a tenant of an apartment building 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, court records show.
He was held for questioning for two full days but released without charge in connection with her death – 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 a protective order in October 2023, citing at least four incidents in the filing where she alleged her husband had physically and verbally abused her.
“I am seeking an emergency order of protection because I fear further abuse,” Tracey wrote.
Tracey later withdrew the petition after her husband threatened to sue her for libel and defamation, court records show.
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 was still pending the results of a police investigation.
But since her death, Tracey’s remains have been kept in the medical examiner’s office due to a dispute over who gets to bury her.
Tracey’s parents filed a petition in 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 wanted to arrange a Catholic funeral and burial.
Berrien County Judge Brian S. Berger ruled in favor of the parents and gave them the authority to handle the arrangements.
Reilly’s ruling Friday gives Tracey’s parents the opportunity to pick up her remains from the medical examiner’s office so they can proceed with her funeral.
“Caitlin was an incredible young woman who was taken far too soon. We hope her story will shed light on the often hidden tragedy of domestic violence,” Cunniff said. “The Tracey family would like to thank the public for the outpouring of support and assistance at this extremely difficult time. Now we ask that their request for privacy be honored as they cope with this heartbreaking loss.”
