Idaho prosecutor says he will seek the death penalty for a mom charged
with murder in twins' deaths
[October 22, 2026]
By REBECCA BOONE
BOISE, Idaho (AP) — An Idaho prosecutor is seeking the death penalty
against a woman charged with murder in the 2025 deaths of her twin
toddlers.
Andrea Shaw, 23, has pleaded not guilty and has said the 18-month-old
twins became sick and died after receiving flu shots and routine
childhood vaccinations. But Payette County Prosecutor Mike Duke wrote in
court documents that an autopsy revealed symptoms consistent with
smothering and wrote that suffocation “is the only conceivable
explanation” for their deaths.
Deputy prosecuting attorney Ryon Sirucek notified the court of his
intent to seek the death penalty last week.
In the court document, Sirucek said the state would try to show that
four aggravating factors make capital punishment appropriate in the
case: That more than one murder was committed at the time; that the
killings were especially heinous, atrocious or cruel; that the defendant
showed “utter disregard” for human life; and that she would likely pose
a continuing threat to society.
“That's outrageous,” said Shaw's attorney, Joseph Filicetti. “They're
not going to be able to prove the underlying case beyond a reasonable
doubt, so there's not a chance the death penalty is going to come into
play.”
Filicetti said the defense team will be filing a motion to dismiss the
case. He said the grand jury that indicted Shaw wasn't told that the
county coroner found the cause of death to be undetermined but
consistent with hyperthermia, or overheating. The pathologists who
examined the twins also said their causes of death were undetermined,
Filicetti said.
The prosecutor's office wrote in court documents that the temperature in
the twins' room would often reach 100 degrees, but that the children had
survived high temperatures before and that their time of death didn't
correlate to the peak temperature of the day.
“They don't have any motive, they don't have any backstory, they don't
have any confession ... She didn't do any of that, and they can't prove
she did any of it,” Filicetti said.
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This image taken from KIVI-TV video shows Andrea Shaw attending a
court hearing remotely, July 2, 2026, in Payette County District
Court in Payette, Idaho. (KIVI-TV via AP)
The twins were found dead in their shared bed May 1, 2025, according
to court records. They had been vaccinated eight days earlier, and
the day after their vaccinations Shaw took them to the emergency
room, reporting that they were lethargic and felt feverish. The
doctor felt the symptoms were a reaction from the vaccinations, and
the twins were given Tylenol and a popsicle and sent home, according
to the court records.
A few days after the twins' deaths, Shaw went on an internet show
produced by Children's Health Defense, an anti-vaccine group founded
by Health and Human Services Secretary Robert F. Kennedy Jr. He has
not been affiliated with the group since December 2024, when he
formally resigned as chairman to join President Donald Trump’s
administration.
Medical experts point out that the childhood vaccines at issue —
hepatitis A, influenza and DTaP — are safe and effective for kids
and recommended by various medical groups.
Shaw is also a plaintiff in a federal lawsuit brought by Children’s
Health Defense and others against the American Academy of
Pediatrics, accusing the organization of racketeering and lying
about the safety of vaccinations. The American Academy of Pediatrics
has asked the court to dismiss the lawsuit, calling it the “latest
missive in a campaign targeting” the academy and its “use of
science-backed evidence in vaccine policy.”
A grand jury indicted Shaw on the murder charges in July, and she is
being held without bond. A trial has been set for January.
___
Associated Press writer Josh Kelety contributed.
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