undisclosed information might have helped the defense, or
might have affected the outcome of the trial, does not
establish ‘materiality’ in the constitutional sense.” Barker v.
Fleming, 423 F.3d 1085, 1099 (9th Cir. 2005) (quoting
United States v. Croft, 124 F.3d 1109, 1124 (9th Cir. 1997)).
“For purposes of determining prejudice,” therefore, “the
withheld evidence must be analyzed ‘in the context of the
entire record.’” Benn, 283 F.3d at 1053 (quoting Agurs,
427 U.S. at 112).
Upon a careful review of the record, we conclude that
there is no reasonable probability that the verdict would have
been different if the favorable evidence had been disclosed.
Even if Melnikoff’s credibility as a witness had been totally
destroyed, we are confident beyond doubt that the jury would
have found Olsen guilty, based on the overwhelming
evidence presented by the government that he intended to use
the ricin he possessed as a weapon. Despite the government’s
failure to obtain and disclose Melnikoff’s internal
investigation file, therefore, Olsen received “a trial resulting
in a verdict worthy of confidence.” Gentry, 693 F.3d at 888
(quoting Kyles, 514 U.S. at 434).
Because Olsen did not contend that he did not produce or
possess ricin, the trial focused largely on the issue of intent:
did he intend to possess the ricin as a chemical weapon or to
use the ricin as a weapon? The contaminated Equate pill was
one piece of evidence supporting Olsen’s intent, and to be
sure, the prosecution highlighted this piece of evidence —
“The terms ‘material’ and ‘prejudicial’ are used interchangeably in
Brady cases. Evidence is not ‘material’ unless it is ‘prejudicial,’ and not
‘prejudicial’ unless it is ‘material.’ Thus, for Brady purposes, the two
terms have come to have the same meaning.” Benn, 283 F.3d at 1053 n.9.