for misdeeds of a prosecutor but
avoidance of an unfair trial to the accused." Brady, 373 U.S. at 87.
Here, the record reflects that the substance of the allegedly undisclosed evidence - i.e.,
Victim's trauma narrative - stated the following:
[VICTIM]'S STORY
MY NAME IS []. I AM 7 3⁄4 OLD. I LIVE WITH MY MOM AND MY KINDA STEPDAD []. I HAVE A BROTHER NAMED []. HE'S NICE AND SOMETIMES HE CAN GET ON [MY] NERVES!
A FEW MONTHS AGO, [SCHACHTNER] LIVED WITH US. WHEN WE FIRST MET, I THOUGHT HE WAS A GOOD GUY. WE GOT TO WATCH MOVIES ON HIS PHONE, LIKE SPIDERMAN AND GREEN ARROW AND BATMAN VERSUS SUPERMAN.
ONE NIGHT WHEN I WAS IN MY ROOM, HE CAME INTO MY ROOM. HE KINDA WOKE ME UP BY PUSHING ON ME. LIKE HE WAS TRYING TO MOVE ME BACK AND FORTH. HE WAS USING MOSTLY HIS HANDS AND HIS MOUTH ON MY PRIVATES. HE PUT HIS HANDS ON MY PRIVATES AND RUBBING MY BACK FOR SOME REASON. I DON'T KNOW WHY. HE TOLD ME TO TOUCH HIS PRIVATES BUT I TOLD HIM NO. IT HAPPENED FOR 2 NIGHTS IN A ROW. IT MADE ME FEEL CONFUSED. I DIDN'T KNOW WHAT WAS GOING ON, HE TOLD ME NOT TO TELL ANYBODY OR ELSE HE WILL GO TO JAIL. I THOUGHT IT MADE ME KINDA HAPPY TO KNOW THAT BECAUSE I DIDN'T KNOW WHAT WAS GOING ON AND I WAS SO CONFUSED. I SAID OKAY TO HIM BUT WAS ACTUALLY LYING TO HIM BECAUSE ON THE 3RD MORNING ON THE WAY TO THE CAR I TOLD MY MOM AND WE BOTH STARTED CRYING. SHE SAID THAT HAPPENED TO HER WHEN SHE WAS A LITTLE GIRL. SHE TOLD [SCHACHTNER] BEFORE NEVER TO HURT ME BUT HE DID ANYWAY AND NOW HE'S IN JAIL. HE WAS DRINKING WHEN HE WAS DOING THAT TO ME BECAUSE I SMELLED IT ON HIM AND WHEN I WENT TO BED HE GOT OUT A LOT OF ALCOHOL AND IT WAS STILL THERE THE NEXT MORNING. HE NEVER CLEANED UP HIS OWN MESSES.
HE WAS NOT A GOOD GUY AND WE KNOW THAT NOW.
THEN I CAME TO THE CHILDREN'S CENTER AND THEY INTERVIEWED ME. I FELT REALLY NERVOUS AND THEN I MET MS. TERESSA MY COUNSELOR.
I HAVE LEARNED NOT TO KEEP SECRETS. I HAVE LEARNED NOT TO TOUCH OTHER PEOPLE IN DIFFERENT WAYS ON THEIR PRIVATE PARTS AND NO ONE TOUCHES ME THAT WAY EITHER.
I'VE LEARNED THAT IF SOMETHING FEELS NOT RIGHT TO ME THEN I SHOULD TELL SOMEONE I TRUST. I WOULD TELL OTHER KIDS THAT IF SOMETHING FEELS NOT RIGHT THEN THEY NEED TO TELL THEIR TEACHER OR MOM BECAUSE IT IS NOT APPROPRIATE.
I'VE LEARNED ALL ABOUT MY FEELINGS AND THEY ARE ALL OKAY. NOW I FEEL REALLY HAPPY AND OKAY. THE END!
(Formatting altered).
Schachtner claims that this evidence was material, and that its suppression was prejudicial
for Brady purposes. Schachtner does not allege that the trauma narrative was material (or
prejudicial)