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Attorneys for Andrea Shaw, the Idaho mother accused of murdering her twin toddlers, have moved to dismiss the grand jury indictment against her, citing prosecutorial misconduct in the grand jury hearing.
The motion comes days after prosecutors announced they would seek the death penalty if Shaw is convicted.
The grand jury indictment and the motion to dismiss are sealed, and details of the defense’s argument are not yet publicly available.
However, Shaw’s attorneys filed the motion under Idaho Criminal Rule 6.1(b)(1), which sets the rules for a prosecutor’s behavior during grand jury sessions.
The rule states that when a prosecutor “is personally aware of substantial evidence which directly negates the guilt of the subject of the investigation the prosecutor must present or otherwise disclose that evidence to the grand jury.”
Attorney Rick Jaffe, who is representing Shaw, told The Defender, “When the facts come out to the court and to the public, it’s going to be shocking. Andrea Shaw did not kill her children, and that will be made abundantly clear.”
Co-counsel Joe Filicetti told The Associated Press that the grand jury wasn’t told that the county coroner found the cause of death to be undetermined but consistent with hyperthermia, or overheating. He said the pathologists who examined the twins also said their causes of death were undetermined.
Shaw, 23, faces two counts of first-degree murder in the May 2025 deaths of her 18-month-old twins, Dallas and Tyson. Prosecutors allege that Shaw deliberately suffocated the children, who were found dead in their bed in their Payette, Idaho, home.
Shaw, who pleaded not guilty, maintains that her twins’ deaths may have been linked to vaccinations they received eight days earlier. According to court filings, an emergency room physician diagnosed both children with a “post-immunization reaction” the day after vaccination, and they remained ill until their deaths.
Jaffe, who represents Shaw in a federal lawsuit brought by Children’s Health Defense against the American Academy of Pediatrics, joined Shaw’s defense team last week.
Shaw’s trial is scheduled to begin Jan. 11, 2027.
Related articles in The Defender
- Prosecutors Seek Death Penalty for Mom Accused of Murdering Twins Who Died 8 Days After Vaccines
- Breaking: Judge Revokes Bail for Mother Charged With Murdering Twins Who Died 8 Days After Vaccines
- Breaking: Mother of Twins Who Died 8 Days After Vaccinations Charged With Murder
- Idaho Mom Accused of Killing Twin Toddlers Pleads Not Guilty
