PAYETTE, Idaho (Court TV) — A judge will consider dropping a murder indictment against a mother who allegedly suffocated her twin toddlers, after her defense lawyers said prosecutors withheld exculpatory evidence from the grand jury.
Andrea Shaw, 23, has pleaded not guilty to two counts of first-degree murder in the deaths of her 18-month-old children, identified in court documents as D.S. and T.S.
Andrea Shaw appears at her arraignment on July 14, 2026. (Court TV)
Her attorney Joseph Filicetti, in an interview last week with Nate Shellman on KBOI Newstalk Radio, said he filed a motion requesting the case be dismissed. The motion is under seal because it deals with grand jury testimony, but Filicetti described its arguments.
“So when you charge in Idaho, when you charge a felony case, you can either arrest somebody and read probable cause, and then from that go through a preliminary hearing, or you can go directly to a grand jury, which is 12 to 16 citizens that are chosen by the prosecutor,” Filicetti explained. “Only the prosecutor appears in front of that grand jury. There’s no defense attorney. There’s no one asking questions, and the judge gives a charge to that grand jury, just like jury instructions, and it says a prosecutor has a duty of candor, meaning they have to be truthful in front of you, and they have a duty to provide exculpatory evidence, evidence giving you any reason to not believe that this person is guilty. Some other reason that these deaths occurred outside of murder, and the prosecutor did not do that.”
A judge canceled a Nov. 4 status conference and scheduled a Dec. 2 hearing on the defense’s motion to dismiss. Prosecutors did not immediately return a call from Law&Crime seeking comment.
Shaw has maintained through court filings that her children died not at her hands, but from reactions to vaccines. She pleaded not guilty at a hearing in August.
In his notice of intent to seek the death penalty filed last week, prosecutor Ryon Sirucek wrote that the state will rely on four aggravating circumstances. “At the time the murder was committed, the defendant also committed another murder,” Sirucek wrote. “The murder was especially heinous, atrocious or cruel, manifesting exceptional depravity.” Sirucek also wrote that the defendant “exhibited utter disregard for human life” and that her conduct “has exhibited a propensity to commit murder which will probably constitute a continuing threat to society.”
While D.S. and T.S. died in May 2025, Shaw wasn’t arrested until July 2026 — days after she had given birth to another baby prematurely. In a motion seeking release, Shaw’s attorney described her as “sweet and quiet” and noted that Shaw was still breastfeeding when she was taken into custody. Citing concerns about the safety of the newborn, Judge Kiley Stuchlik revoked Shaw’s bond and ordered her to stay in jail pending her trial.
Shaw’s defense team maintains her innocence. In an affidavit filed with her motion to reduce her bond, Shaw’s mother-in-law wrote that the defendant repeatedly sought medical care for her children in the days after she reluctantly agreed to have them vaccinated at their pediatrician’s office. Shaw’s defense attorney has said the coroner disagrees with the prosecution’s suffocation theory, but prosecutors said at a recent hearing that three doctors reviewed the case files and ruled out vaccines as a factor in the deaths.
Court records indicate that Shaw has added a new attorney to her team, with California attorney Richard Jaffe granted pro hac vice admission to practice in the Idaho court in a filing earlier this month. Jaffe, known for filing lawsuits against states and organizations that imposed child vaccine mandates, will represent Shaw alongside Filicetti.
Lauren Silver contributed to this report
