Full opinion text
MOORE, Judge, delivered the opinion of the court, in which CLAY, Judge, joined. BOGGS, Judge (pp. 642-646), delivered a separate dissenting opinion. OPINION MOORE, Circuit Judge. Petitioner-Appellant Maurice Allen Mason (“Mason”) was convicted by an Ohio jury of aggravated felony murder, rape, and having a weapon while under disability; he was also found guilty of the death-penalty specification of committing murder in the course of a rape and further specifications that involved firearms, prior felony, and prior offense of violence. Mason was sentenced to death. Mason now appeals the district court’s denial of his petition for a writ of habeas corpus and his request for an evidentiary hearing. We have carefully considered all of the eight claims that Mason raises and AFFIRM the district court’s decision to deny habeas corpus relief, but with one important exception. Mason contends that he was denied the effective assistance of counsel at the sentencing phase. Because the record as it now stands is insufficient for us to determine whether this claim has merit, we REMAND this case to the district court for an evidentiary hearing on this one issue. I. BACKGROUND On February 8, 1993, Robin Dennis (“Robin”), the nineteen-year-old wife of Chris Dennis (“Chris”), disappeared. Earlier that day, Robin and Chris had socialized with Mason and other friends, and Chris and Mason had discussed trading Chris’s .22 caliber Colt Frontier Scout revolver for Mason’s television. The next day, Robin was reported as missing to the Union County Sheriffs Department; the report stated that Mason was the last person seen with Robin. On February 10, 1993, Deputy Sheriff Jack Lautenslager (“Lautenslager”) received a report about an abandoned car in a rural area of Marion County. Two days earlier, Lautenslager had driven through that area and seen a black man walking, whom he later identified as Mason. Chevron-style shoe impressions, similar to those made by shoes that Mason and Robin owned, were found on the outside of the passenger door and on the passenger’s side of the dash. Type-B blood, Robin’s blood type, was found on the inside of the passenger door. A set of keys, including car keys that fit a 1981 Chrysler owned by Mason’s wife, was on the car’s front passenger seat. A few hours after this discovery, Dennis Potts (“Potts”) of the Marion County Sheriffs Department questioned Mason about Robin’s disappearance. This- interview took place at the detective’s office of the Sheriffs Department and lasted for eighteen minutes. On February 12, 1993, following up on information from other interviews, Potts questioned Mason again. The second interview took place in a basement interrogation room and lasted, with pauses in the questioning, for four hours. Mason appears to have understood that he was not under arrest at this time. After the second interview, Mason’s parole officer took him into custody for a parole violation. On February 13, 1993, Robin’s body was found inside an abandoned building that was within eighteen minutes’ walking distance from where her car had been found. She was lying face down, wearing only a bra; her jeans and underwear were pulled down to her ankles. Robin’s T-shirt and car keys were under her jacket, which was found eight feet from her body with burrs and debris on it. The apparent murder weapon, a blood-stained board with protruding nails, was found twenty feet from her body. Another piece of wood found at the scene had strands of hair that matched Robin’s hair. On February 15, 1993, detectives found a small blood-stained piece of metal at the crime scene, which a firearms examiner later concluded was identical to a grip-frame from a .22 caliber Colt Frontier Scout revolver and was consistent with having come from the handle of such a revolver. On February 14, 1993, pathologist Dr. Keith Norton (“Norton”) conducted an autopsy and concluded that Robin had died as a result of blunt force trauma causing multiple skull fractures. Dr. Norton determined that the blood-stained board found at the scene and the butt of a revolver could have caused Robin’s injuries. Dr. Norton also found sperm in Robin’s vagina that DNA experts later matched to Mason’s DNA. DNA material from Robin’s underwear also matched Mason’s DNA. The experts did not find DNA from anyone other than Robin and Mason. On September 30, 1993, Mason was charged with (1) aggravated murder, with a death penalty specification that the murder occurred during the commission of a rape; (2) rape, with a prior aggravated felony specification; and (3) having a weapon while under disability, with an offense of violence specification. Mason pleaded not guilty. In October 1993, the trial court found Mason to be indigent and appointed Lawrence A. Winkfield (“Wink-field”) of Columbus, Ohio, as lead counsel and Ted I. Coulter of Marion, Ohio, as co-counsel. Mason’s attorneys filed numerous pretrial motions, including a request for expert assistance and a motion to suppress, both of which the trial court denied after hearing oral argument. The week before trial, defense counsel moved for a continuance, claiming that they needed more time to review the 411 pages of documents that the prosecutor had delivered to them on May 20, 1994. The trial court refused to grant a continuance and threatened to remove defense counsel without paying any fees. On May 31, 1994, Mason proceeded to a three-week-long jury trial; he was found guilty on all three counts. On June 27, 1994, the trial entered the sentencing phase. Mason’s mitigation case consisted of the testimony of seven witnesses and Mason’s unsworn statement. On June 29, 1994, the jury recommended that Mason be sentenced to death, which recommendation the trial court adopted. On August 9, 1994, the trial court heard oral argument on and then denied Mason’s motion for a new trial. Mason then filed a timely appeal to the Court of Appeals for the Third Appellate District, asserting twenty-four assignments of error. On December 9, 1996, the Court of Appeals affirmed the trial court’s judgment. State v. Mason, 1996 WL 715480, at *33 (Ohio Ct.App. Dec.9, 1996). Mason thereafter filed a notice of appeal and a brief in the Ohio Supreme Court. On June 17,1998, the Ohio Supreme Court affirmed Mason’s conviction and death sentence on direct appeal. State v. Mason, 82 Ohio St.3d 144, 694 N.E.2d 932, 958 (1998). While his direct appeal was pending, Mason filed a state collateral attack in the Court of Common Pleas of Marion County, asserting seven assignments of error. State v. Mason, 1997 WL 317431, at *1 (Ohio Ct.App. June 6, 1997). On November 21, 1996, the court denied relief without holding an evidentiary hearing. Id. Mason appealed the dismissal of his post-conviction petition to the Court of Appeals for the Third Appellate District, which affirmed the judgment of the Court of Common Pleas on June 6, 1997. Id. at *7. Mason then filed a timely appeal to the Ohio Supreme Court, which dismissed the appeal on October 15, 1997, as not involving any substantial constitutional question. On July 15, 1999, Mason filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, raising twenty-five challenges to his conviction and sentence. On May 9, 2000, the district court denied Mason’s habeas petition and his motion for an evidentiary hearing on various claims. Mason v. Mitchell, 95 F.Supp.2d 744, 795 (N.D.Ohio 2000). The district court subsequently granted a certificate of appealability as to all claims. This timely appeal followed. II. ANALYSIS We review de novo the legal conclusions of a district court in a habeas proceeding. Mitzel v. Tate, 267 F.3d 524, 530 (6th Cir.2001). Because Mason filed his habeas petition on July 15, 1999, after the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”) became effective, this case is governed by AEDPA. Id. Under AEDPA’s provisions, we may not grant a writ of habeas corpus for any claim that was adjudicated on the merits in state court unless the adjudication: (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined by the Supreme Court of the United States; or (2) resulted in a decision that was based on an unreasonable determination of the facts in light of the evidence presented in the State court proceeding. 28 U.S.C. § 2254(d)(l)-(2). In addition, the findings of fact made by a state court are presumed to be correct and can be contravened only if the habeas petitioner can show by clear and convincing evidence that the state court’s factual findings were erroneous. Id. § 2254(e)(1). This presumption of correctness also applies to the factual findings made by a state appellate court based on the state trial record. Sumner v. Mata, 449 U.S. 539, 546-47, 101 S.Ct. 764, 66 L.Ed.2d 722 (1981). AEDPA provides the following standard for determining whether a petitioner is entitled to an evidentiary hearing: (e)(2) If the applicant has failed to develop the factual basis of a claim in State court proceedings, the court shall not hold an evidentiary hearing on the claim unless the appli: cant shows that— (A) the claim relies on— (i) a new rule of constitutional law, made retroactive to cases on collateral review by the Supreme Court, that was previously unavailable; or (ii) a factual predicate that could not have been previously discovered through the exercise of due diligence; and (B) the facts underlying the claim would be sufficient to establish by clear and convincing evidence that but for constitutional error, no reasonable factfinder would have found the applicant guilty of the underlying offense. 28 U.S.C. § 2254(e)(2). In Williams v. Taylor, 529 U.S. 362, 120 S.Ct. 1495, 146 L.Ed.2d 389 (2000), the Supreme Court interpreted § 2254(d)(1) as requiring a distinction between decisions that are “contrary to” and those that involve an “unreasonable application of’ clearly established Supreme Court precedent. Id. at 405, 120 S.Ct. 1495. A state court decision is “contrary to” Supreme Court precedent “if the state court arrives at a conclusion opposite to that reached by [the Supreme] Court on a question of law,” or “if the state court confronts facts that are materially indistinguishable from a relevant Supreme Court precedent” and arrives at a different result. Id. A state court decision is also “contrary to” Supreme Court precedent if the state court “applies a rule that contradicts the governing law set forth” in that precedent. Id. A state court decision involves an “unreasonable application of’ clearly established Supreme Court precedent “if the state court identifies the correct governing legal rule from [the Supreme] Court’s cases but unreasonably applies it to the facts of the particular ... case.” Id. at 407, 409, 413, 120 S.Ct. 1495. We may not overturn a state decision simply because we conclude that the state court incorrectly applied Supreme Court precedent. The state court must have applied the relevant Supreme Court precedent in an objectively unreasonable manner. Id. at 411, 120 S.Ct. 1495. In reviewing a state court decision under AEDPA, we must look only to the Supreme Court holdings that existed at the time of the state court’s decision. Id. at 412, 120 S.Ct. 1495. We may not base our decision on Supreme Court dicta or the decisions of the courts of appeals. See id.; Mitzel, 267 F.3d at 530-31. A. Denial of Expert Assistance 1. Trial Phase Mason first argues that the Ohio Supreme Court unreasonably applied clearly established Supreme Court precedent in “[premising [an indigent defendant]^ constitutional right to expert and investigative assistance solely on the discretion of the trial court without further review.” Petitioner’s Br. at 25. Indigent prisoners are constitutionally entitled to “the basic tools of an adequate defense or appeal, when those tools are available for a price to other prisoners.” Britt v. North Carolina, 404 U.S. 226, 227, 92 S.Ct. 431, 30 L.Ed.2d 400 (1971) (citing Griffin v. Illinois, 351 U.S. 12, 76 S.Ct. 585, 100 L.Ed. 891 (1956)). Both Britt and Griffin involved requests for free transcripts of trial proceedings. See Britt, 404 U.S. at 226, 92 S.Ct. 431; Griffin, 351 U.S. at 13, 76 S.Ct. 585. The Supreme Court has also held that psychiatric assistance is a basic tool of an adequate defense in two general circumstances: (1) “when a defendant has made a preliminary showing that his sanity at the time of the offense is likely to be a significant factor at trial,” and (2) “in the context of a capital sentencing proceeding, when' the State presents psychiatric evidence of the defendant’s future dangerousness.” Ake v. Oklahoma, 470 U.S. 68, 74, 83, 105 S.Ct. 1087, 84 L.Ed.2d 53 (1985). On appeal, Mason claims that Ake required Ohio to provide him with the following types of expert assistance: (1) a soil and debris expert to examine the soil found on the clothing and shoes of Robin, Mason, and Chris; (2) a shoe-print expert to identify and compare the prints found in Robin’s car with those made by the shoes of Mason, Robin, and Chris; (3) a mitigation-investigation expert to examine Mason’s background for potential mitigation evidence; and (4) “an independent, competent forensic mental health expert” to help defense counsel at the sentencing phase. Petitioner’s Br. at 28-33. In this case, the Ohio Supreme Court understood Ake to “require that a criminal defendant be provided [nonpsychiatric] expert assistance when necessary to present an adequate defense.” Mason, 694 N.E.2d at 943. This is consistent with the principle summarized in Ake that: Meaningful access to justice has been the consistent theme of these cases. We recognized long ago that mere access to the courthouse doors does not by itself assure a proper functioning of the adversary process, and that a criminal trial is fundamentally unfair if the State proceeds against an indigent defendant without making certain that he has access to the raw materials integral to the building of an effective defense. Thus, while the Court has not held that a State must purchase for the indigent defendant all the assistance that his wealthier counterpart might buy, it has often reaffirmed that fundamental fairness entitles indigent defendants to “an adequate opportunity to present their claims fairly ■within the adversary system.” To implement this principle, we have focused on identifying the “basic tools of an adequate defense or appeal,” and we have required that such tools be provided to those defendants who cannot afford to pay for them. Ake, 470 U.S. at 77, 105 S.Ct. 1087 (internal citations omitted). The Ohio Supreme Court then held that nonpsychiatric expert assistance should be provided “only where the trial court finds, in the exercise of a sound discretion, that the defendant has made a particularized showing (1) of a reasonable probability that the requested expert would aid in his defense, and (2) that denial of the requested expert assistance would result in an unfair trial.” Id. at 944. We are not persuaded that the Ohio Supreme Court applied Ake in an objectively unreasonable manner. In Ake, the Supreme Court weighed three factors in determining whether access to competent psychiatric assistance was required: (1) “the private interest that will be affected by the action of the State”; (2) “the governmental interest that will be affected if the safeguard is to be provided”; and (3) “the probable value of the additional or substitute procedural safeguards that are sought, and the risk of an erroneous deprivation of the affected interest if those safeguards are not provided.” Ake, 470 U.S. at 77, 105 S.Ct. 1087. In this case, the Ohio Supreme Court simply stated that trial courts" have discretion in evaluating the third factor. We do not believe that this application of Ake was objectively unreasonable. Therefore, bound as we are by the dictates of AEDPA, we hold that Mason is not entitled to habeas relief on this claim. 2. Sentencing Phase Even if his sanity were not a significant issue during the trial, an indigent defendant on trial for his life has the right to psychiatric or psychological assistance during the sentencing phase “when the State presents psychiatric evidence of the defendant’s future dangerousness.” Ake, 470 U.S. at 83, 105 S.Ct. 1087; Skaggs v. Parker, 235 F.3d 261, 272 (6th Cir.2000), cert. denied, 534 U.S. 943, 122 S.Ct. 322, 151 L.Ed.2d 241 (2001). The State of Ohio did not present such evidence in this case. Therefore, Mason did not have a clearly established right to any psychiatric assistance at sentencing. Regardless of the fact that he was not entitled to such assistance, Mason alleges that the psychiatrist that the trial court did provide was inadequate. However, we have previously read Ake narrowly, holding that the issue is whether a defendant had “access to a competent psychiatrist in preparation of his defense,” Skaggs, 235 F.3d at 267 n. 2 (internal quotation marks omitted), and not whether the expert was in fact competent. Id. at 272. We did note in Skaggs that the failure of defense counsel to engage a competent psychiatrist would be relevant in determining whether a defendant received ineffective assistance of counsel. Id. at 267 n. 2. With respect to Mason’s Ake claim, however, we conclude that Supreme Court precedent has not clearly established a defendant’s right to more than mere access to competent psychiatric assistance. B. Ineffective Assistance of Counsel Mason argues that the Ohio Supreme Court unreasonably applied clearly established federal law in concluding that he was not deprived of his constitutional right to effective assistance of counsel. To establish that counsel afforded ineffective assistance, a petitioner must show that his attorney’s performance was deficient, falling below an objective standard of reasonableness, and that such deficiency prejudiced his defense. Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The objective standard of reasonableness is a highly deferential one and includes “a strong presumption that counsel’s conduct falls within the wide range of reasonable professional assistance.” Id. at 689, 104 S.Ct. 2052; United States v. Pierce, 62 F.3d 818, 833 (6th Cir.1995) (placing the burden on the defendant to demonstrate a constitutional violation), cert. denied, 516 U.S. 1136, 116 S.Ct. 965, 133 L.Ed.2d 886 (1996). To satisfy the prejudice requirement, a defendant “must show that there is a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.” Williams, 529 U.S. at 391, 120 S.Ct. 1495 (quoting Strickland, 466 U.S. at 694, 104 S.Ct. 2052). “The essence of an ineffective-assistance claim is that counsel’s unprofessional errors so upset the adversarial balance between defense and prosecution that the trial was rendered unfair and the verdict rendered suspect.” Kimmelman v. Morrison, 477 U.S. 365, 374, 106 S.Ct. 2574, 91 L.Ed.2d 305 (1986). 1. Trial Phase Mason claims that his attorneys provided ineffective assistance before trial in the following areas: (1) counsel failed to obtain certain expert and investigative assistance; (2) counsel failed to obtain the suppression of Mason’s statements to the police during the February 10 and 12 interviews; (3) counsel failed to obtain a continuance; and (4) lead counsel was absent during parts of jury selection. He also claims that he received ineffective assistance during the trial due to defense counsel’s failure to prepare adequately. Specifically, he argues that defense counsel (1) “fail[ed] to provide any guidance or direction to the jury in [his] opening statement” and “fail[ed] to object to inflammatory portions of the state’s opening statement”; (2) “failed to develop and communicate a theory of defense and how such a theory related to mitigation”; (3) “failed to effectively litigate the state’s failure to reveal exeul-patory evidence”; (4) behaved in an overly aggressive manner; and (5) failed to object to the prosecutor’s blatant misconduct. Petitioner’s Br.- at 67-68. We first observe that Mason’s attorneys had close to eight months to prepare for the trial, during which time they filed more than fifty pretrial motions and argued at several pretrial hearings. Mason, 694 N.E.2d at 947. Mason’s ineffective assistance claim therefore relates to defense counsel’s failure to achieve substantive results rather than a failure to file procedural motions. Cf., e.g., Olden v. United States, 224 F.3d 561, 566-67 (6th Cir.2000). However, Strickland’s objective standard of reasonableness does not require lawyers to be perfect. Because defense counsel advocated with vigor on Mason’s behalf, we hold that Mason did not receive ineffective assistance with respect to the filing of various procedural motions. As for the fact that Winkfield was absent during parts of jury selection, we agree with the district court that this argument is not compelling because Mason consented to the absences “and co-counsel conducted an effective voir dire” during that time. Mason, 95 F.Supp.2d at 788. Mason’s argument that defense counsel failed to prepare adequately for the trial is somewhat stronger, but the record does not contain a great deal of information on this issue. Lead counsel Winkfield apparently acknowledged as late as a week or two before the trial that he had not personally interviewed any of the witnesses for either phase of the trial. J.A. at 1849 (Head Aff. at ¶ 9). He also declared less than a week before the trial started that “it would be great error for [him] to continue,” J.A. at 673, because he was not prepared to go forward and “[could not] do so in good conscience and under the professional standards of the code of responsibility to [his] client.” J.A. at 679. Co-counsel stated that he had prepared his part of the case but that he could not go forward without Winkfield. At this point, the trial court, distrusting defense counsel’s motives, asked Winkfield whether he wanted to withdraw. When Winkfield answered that he “d[id]n’t care to withdraw,” the trial court stated its willingness to remove Winkfield and impose sanctions by not paying any fees. J.A. at 679. After a thirty-minute conference with Mason and co-counsel, Winkfield informed the trial court that he would stay on the case. Tr. at 700. Although we acknowledge that attorneys’ concerns about compensation may adversely affect their representation of clients, we are not persuaded that Wink-field’s performance in this case was so deficient as to be objectively unreasonable. Cf. Rickman v. Bell, 131 F.3d 1150, 1157 (6th Cir.1997) (holding that defense counsel, whose preparation for trial consisted solely of sixteen hours of interviews with the defendant, “totally] fail[ed] to actively advocate his client’s cause”); Groseclose v. Bell, 130 F.3d 1161, 1169-70 (6th Cir.1997) (describing defense counsel’s “failure to have any defense theory whatsoever” and “failure to conduct any meaningful adversarial challenge” as “especially appalling”), cert. denied, 523 U.S. 1132, 118 S.Ct. 1826, 140 L.Ed.2d 962 (1998). First, despite Winkfield’s protestations, the totality of the circumstances does not suggest that defense counsel was unprepared for the trial phase. Unlike the “complete lack of pretrial preparation” that the Kimmelman Court decried, 477 U.S. at 385, 106 S.Ct. 2574, Winkfield and co-counsel filed numerous pretrial motions and argued several pretrial hearings. Although attorneys can always do more in preparation for a trial, we cannot conclude that Mason’s attorneys did not prepare enough. Second, we are not persuaded that the acts and omissions of defense counsel that Mason identifies as evincing a lack of reasonable professional judgment in fact violated prevailing professional norms. We have read the opening statements of both the prosecution and the defense and disagree with Mason’s characterizations of them. We cannot identify any “inflammatory portions” of the prosecutor’s statement, Petitioner’s Br. at 67; conversely, we conclude that defense counsel provided adequate guidance to the jury by clearly articulating the theory that Chris rather than Mason should be on trial for Robin’s murder. Mason’s Brady-derived claim of ineffective assistance is simply too summary for us to review. As for the depiction of defense counsel as abusive and argumentative, we recognize that the record reveals considerable animosity between the prosecutor and defense counsel, but fail to see how the latter’s advocacy prejudiced Mason’s defense. Finally, any failure to object to prosecutorial misconduct did not constitute ineffective assistance of counsel because, as discussed below, we do not believe that the prosecutor acted improperly. We therefore deny ha-beas relief with respect to this claim. 2. Sentencing Phase Under the Eighth Amendment, the jury in a capital case may “not be precluded from considering, as a mitigating factor, any aspect of a defendant’s character or record and any of the circumstances of the offense that the defendant proffers as a basis for a sentence less than death.” Lockett v. Ohio, 438 U.S. 586, 604, 98 S.Ct. 2954, 57 L.Ed.2d 973 (1978). Ohio law thus provides that, once the prosecution has proven one or more statutory aggravating circumstances beyond a reasonable doubt, the jury must weigh the aggravating circumstance(s) against the evidence in mitigation before imposing a death sentence. Ohio Rev.Code Ann. § 2929.04(B). Juries may consider as mitigating evidence “the history, character, and background of the offender,” certain specified factors, and “[a]ny other factors that are relevant to the issue of whether the offender should be sentenced to death.” Id. Moreover, a defendant is entitled to “great latitude” in presenting evidence of any and all mitigating factors. Id. § 2929.04(C). The sole aggravating circumstance in this case was the rape. See Ohio Rev. Code Akn. § 2929.04(A)(7). When the trial court convened the penalty phase of Mason’s trial on June 27, 1994, defense counsel offered the testimony of seven witnesses, as well as Mason’s unsworn testimony, but did not inquire into mitigating evidence. The first two witnesses were deputy sheriffs from the Marion County Jail, who stated that Mason had not been a problem prisoner. Defense counsel then called four members of Mason’s family. Given no more direction than to speak on Mason’s behalf, Mason’s mother, brother, sister, and cousin simply asked the jury not to recommend the death penalty. Defense counsel’s direct examination of Mason’s wife Terri (“Terri”) was almost as perfunctory. Asked whether she had anything to tell the jury, Terri made an emotional plea for mercy. Counsel then asked Terri to identify a few pictures that Mason had drawn for her. On cross-examination, the prosecutor questioned Terri about Mason’s art and his activities on the day that Robin disappeared. Redirect-, recross-, and further redirect-examination concerned Terri’s interview with the police. Defense counsel did not question Terri again about mitigating evidence. Mason himself spoke as the last mitigating witness. In his unsworn statement, he declared his innocence and requested that the jury “give me the chance to take it through the Appeals Courts.” J.A. at 1255. Defense counsel questioned Mason about his drawings and then rested. The prosecutor offered no evidence in rebuttal, but emphasized during his closing argument that defense counsel had not presented any mitigating evidence about Mason’s history, character, or background. a. Failure to Investigate or to Prepare Witnesses Mason argues that defense counsel rendered ineffective assistance by failing to conduct an independent and thorough investigation of his life history and psychological background when his family members were available for interviews, thereby foreclosing the discovery of potential mitigating evidence. He also contends that defense counsel’s performance in preparing Mason’s family members before calling them as mitigation witnesses was constitutionally deficient. In examining Mason’s claim of ineffective assistance at the sentencing stage, the Ohio Supreme Court inferred from the record “that defense counsel had voluminous records about [Mason’s] history and background” and noted that “[c]ounsel prepared twelve exhibits documenting aspects of Mason’s childhood, such as reports that he was beaten by his father and released by his parents to juvenile authorities, as well as early psychological evaluations, but did not present them to the jury.” Mason, 694 N.E.2d at 956. The district court similarly deemed meritless Mason’s claim “that his trial counsel improperly failed to investigate possible psychosocial mitigating factors that could have spared him the death penalty.” Mason, 95 F.Supp.2d at 793. Much has been made in this case of the twelve exhibits that defense counsel prepared in conjunction with the videotaped deposition of Dr. Joseph T. Spare (“Spare”), the psychiatrist appointed by the trial court to assist the defense with the mitigation phase. The mere existence of mitigation exhibits, however, is not conclusive, because the question under Strickland is whether defense counsel’s investigation into potential mitigation evidence was constitutionally adequate: [Strategic choices made after thorough investigation of law and facts relevant to plausible options are virtually unchallengeable; and strategic choices made after less than complete investigation are reasonable precisely to the extent that reasonable professional judgments support the limitations on investigation. In other words, counsel has a duty to make reasonable investigations or to make a reasonable decision that makes particular investigations unnecessary. In any ineffectiveness case, a particular decision not to investigate must be directly assessed for reasonableness in all the circumstances, applying a heavy measure of deference to counsel’s judgments. [W]hat investigation decisions are reasonable depends critically on [the information that the defendant supplies]. For example, when the facts that support a certain potential line of defense are generally known to counsel because of what the defendant has said, the need for further investigation may be considerably diminished or eliminated altogether. And when a defendant has given counsel reason to believe that pursuing certain investigations would be fruitless or even harmful, counsel’s failure to pursue those investigations may not later be challenged as unreasonable. In short, inquiry into counsel’s conversations with the defendant may be critical to a proper assessment of counsel’s investigation decisions. Strickland, 466 U.S. at 690-91, 104 S.Ct. 2052. We have previously held that the complete failure to investigate mitigating evidence constitutes ineffective assistance of counsel. See Austin v. Bell, 126 F.3d 843, 848 (6th Cir.1997), cert. denied, 523 U.S. 1079, 118 S.Ct. 1526, 140 L.Ed.2d 677 and 523 U.S. 1088, 118 S.Ct. 1547, 140 L.Ed.2d 695 (1998); cf. Scott v. Mitchell, 209 F.3d 854, 881 (6th Cir.) (“Without effective research into the available mitigating testimony, of course, it would be impossible for the lawyers to have made an informed decision either way.”), cert. denied, 531 U.S. 1021, 121 S.Ct. 588, 148 L.Ed.2d 503 (2000). We have also emphasized the importance of an independent investigation: “The sole source of mitigating factors cannot properly be that information which [a] defendant may volunteer; eopnsel must make some effort at independent investigation in order to make a reasoned, informed decision as to their utility.” Carter v. Bell, 218 F.3d 581, 596 (6th Cir.2000). The record before us is inadequate for a meaningful review of Mason’s claim of ineffective assistance of counsel. We recognize that the Strickland Court directed state courts “to analyze effectiveness based on the then prevailing norms and counsel’s perspective at the time,” Williams v. Coyle, 260 F.3d 684, 706 (6th Cir.2001), which entails a “highly deferential” standard. Strickland, 466 U.S. at 689, 104 S.Ct. 2052. However, in order for us to evaluate whether defense counsel rendered constitutionally ineffective assistance at sentencing, we must know more about the extent of counsel’s investigation and preparation of mitigating evidence. There is a significant likelihood that defense counsel acted unreasonably in failing to conduct an independent and thorough investigation of Mason’s background. Because the record as it now stands reflects disputes about defense counsel’s performance with respect to the sentencing phase of Mason’s trial, we remand the case to the district court for an evidentiary-hearing on this issue. We begin our analysis of Mason’s ineffective assistance claim by reviewing the investigation that apparently did take place. In the fall of 1993, soon after Mason was charged with the rape and aggravated murder of Robin, the trial court issued an order appointing an investigator for the defense and authorizing independent DNA testing. J.A. at 1954-55. According to the Ohio Supreme Court: The defense team of two lawyers and an investigator looked fully into Mason’s background. Moreover, the state had collected and released to the defense in January 1994 voluminous records concerning Mason, including records about his last nine years in and out of prison as well as school records and juvenile incarcerations. Mason, 694 N.E.2d at 945. The record, however, suggests that the investigator’s assignment was limited to interviewing witnesses and taking measurements at the crime scene. Tr. at 35-39. Because the case against Mason was based on circumstantial evidence, we infer from the record that the witness interviews were primarily about the facts surrounding Robin’s disappearance and murder. Defense counsel indicated as much when the trial court asked why a mitigation expert was necessary given the appointment of an investigator. Tr. at 452. Furthermore, Mason averred that his conversations with defense counsel and the investigator “were almost exclusively about trial phase issues- — concerning witnesses, my whereabouts, Chris Dennis and other theories of who had killed Robin Dennis.” Maurice A. Mason Aff. at ¶ 5. Mason’s family members were also not interviewed about Mason’s background. J.A. at 1992 (Terri A. Mason Aff. at ¶ 14); J.A. at 1997 (James Michael Mason Aff. at ¶ 9); J.A. at 2006 (Mioshi Mason Aff. at ¶¶ 13-14). As for the documents obtained during discovery, the trial court found that defense counsel “had in their possession and had reviewed, prior to trial, over 3,000 pages of comprehensive records and documents regarding [Masonj’s social history, including records from the Marion City Schools, Marion Area Counseling Center, Marion County Children’s Services, Marion County Adult Probation Department, Adult Parole Authority, and Ohio Dept, of Rehabilitation and Corrections.” State v. Mason, No. 93-CR-0153, slip op. at 9-10 (Ohio Ct.Com.Pl. Nov. 21, 1996). None of these documents is in the record before us. In May 1994, before this case went to trial, the trial court appointed Dr. Spare and a forensic pathologist to assist the defense. J.A. at 1955. Dr. Spare then examined Mason and prepared a five-page psychiatric report. J.A. at 1952. On June 7, 1994, during the trial, defense counsel deposed Dr. Spare on videotape, using twelve mitigation exhibits. These exhibits, according to the record as it stands, appear to have been based largely on the discovery provided by the prosecution to defense counsel. As noted above, defense counsel apparently never interviewed anyone, including Mason himself, about possible mitigating aspects of Mason’s background, even though various family members were ready and willing to discuss his life history. Although the Ohio Supreme Court did not make an explicit finding about the extent of defense counsel’s independent investigation of mitigating evidence, it did conclude that defense counsel, in choosing not to present whatever mitigating evidence was known, made a strategic decision to foreclose the state from introducing negative evidence in rebuttal. Mason, 694 N.E.2d at 956. Under Strickland, however, courts must first determine whether defense counsel’s investigation decisions were reasonable. Only then may they reject a defendant’s challenge to any decision characterized as strategic by defense counsel. Had trial counsel conducted an adequate investigation, the jury would have heard substantial evidence about how drug use and violence pervaded Mason’s background and life history. From the record before us, we have learned that Mason’s alcoholic parents were heavy marijuana users and drug dealers from the time Mason was four or five years old. Indeed, Mason’s mother admitted “that for the majority of [Masonj’s life the family home was a ‘drug house.’ ” J.A. at 1874 (Crates Aff. at ¶ 20S). Four years later, Mason began to experiment with drugs, stealing marijuana and pills from his parents’ supply for his own use; by age eleven, he had become a significant user himself. About this time, Mason accompanied his father on trips out-of-state to buy drugs. By age fourteen, Mason began to use drugs with his parents; he also ran away from home. In addition to drugs, violence overran the Mason household. Mason’s parents struggled through repeated bouts of domestic violence in front of their children; they also beat Mason on a regular basis for stealing their drugs and for the misconduct of his siblings, for which he was blamed. Having received official documents from the prosecution during discovery, trial counsel appears to have been aware of some of this evidence. Mitigation Exhibit 10, for example, apparently concerned Mason’s drug use as a teenager, see Mason, No. 93-CR-0153, slip op. at 5, but not his significant use at a much earlier age. We emphasize that the discovery documents by their very nature only concerned the Mason family’s limited contacts with the authorities. For example, a record from Marion County Children’s Services indicates that Mason’s father was charged with assault in 1977 for beating Mason. J.A. at 1874-75 (Crates Aff. at ¶20W). This charge, however, stemmed from a missing person report that Mason’s father himself filed with the police; Mason had run away while being disciplined. J.A. at 2000-01 (James Michael Mason Aff. at ¶ 31). The authorities do not appear to have been aware of the regular whippings that Mason suffered. Furthermore, Mason’s mother never reported episodes of domestic abuse to the police, because it was “a no-no in our family ... to call the cops ... [W]e didn’t want them around.” J.A. at 1871 (Crates Aff. at ¶2(®). Mason’s mother also did not go to the hospital, where social services may have intervened and documented the Mason family’s plight. Therefore, the documents provided by the prosecution to defense counsel could not have contained anything close to the amount of mitigating evidence that could have been and later was obtained in an independent and thorough investigation. Indeed, we find it particularly telling that not even the trial court referred to any knowledge on the part of trial counsel about Mason’s troubled childhood or the extent to which drugs and violence ravaged Mason and his family. We believe that it was just this evidence, which did not enter the record until the post-conviction stage, that was Mason’s best hope. As we observed in Mapes v. Coyle, 171 F.3d 408 (6th Cir.), cert. denied, 528 U.S. 946, 120 S.Ct. 369, 145 L.Ed.2d 284 (1999), the information about Mason’s background may amount to little more than “slim evidence of mitigation, but it is something. And what is most important, it was [his] only shield from a death sentence.” Id. at 426. Yet trial counsel does not appear to have made any independent effort to investigate the particulars of Mason’s history, character, or background. The alleged failure of defense counsel to prepare Mason’s family members for their testimony at sentencing further demonstrates that counsel conducted an inadequate investigation of mitigating evidence. Trial counsel’s failure to conduct an independent and thorough investigation may have hampered their ability to make strategic decisions at sentencing; it may also have affected their ability to give competent advice to Mason about the meaning of mitigation evidence and the availability of possible mitigation strategies. Indeed, according to Mason, trial counsel did not offer any such advice: Neither of my lawyers ever explained to me what the mitigation trial is or what it was intended to prove. I had no knowledge that mitigation was intended to save my life, or that this was to be the only opportunity for me to demonstrate to the jury why I should not be given the death penalty. Maurice A. Mason Aff. at ¶ 7. The evidence in mitigation that was so readily available in this case offered an arguably reasonable probability of “humaniz[ing Mason] before the jury such that at least one juror could have found he did not deserve the death penalty.” Carter, 218 F.3d at 592. Because we cannot determine from the record before us whether the Ohio Supreme Court applied Strickland unreasonably by not examining the extent of trial counsel’s investigation into mitigating evidence, we remand the case to the district court with the instruction to hold an evidentiary hearing on Mason’s claim of ineffective assistance at the sentencing phase of his trial. b. Failure to Present Mitigating Evidence Next, Mason challenges defense counsel’s decision to present a limited mitigation case, when the record as it stands before us indicates that Mason grew up in a dysfunctional family and was repeatedly exposed to violence and drug use from childhood, leading to emotional and psychological problems. We have noted above that much of this evidence does not appear to have been known to trial counsel, due to their alleged failure to conduct an independent and thorough investigation of potential mitigating evidence. Mason contends, however, that he would not have received the death penalty from any jury that heard what mitigating evidence was available. By the time of sentencing, defense counsel had deposed Dr. Spare and prepared the twelve mitigation exhibits. They originally planned to offer as mitigating evidence the testimony of Dr. Spare, who concluded, based on Mason’s past conduct, that Mason was unlikely to be a repeat violent offender. Defense counsel ultimately decided not to present this evidence, which, according to the prosecutor, was omitted in order to foreclose rebuttal evidence about Mason’s history of violent conduct, allegedly including rape, brandishing a gun, resisting arrest, and burglary. Lead counsel informed the trial court that the decision not to present mitigation evidence was strategic: We have the consideration of Maurice Mason’s life, you know, here today, and some strategies that we calculated and designed to procurfe] and achieve a life verdict even with the decision that was rendered by the jury. We are not interested in bringing up certain things or opening the door for certain things that the Prosecution has evidence, a great desire to bring before the jury. J.A. at 1209. The Ohio Supreme Court held that defense counsel’s performance at the sentencing stage was not deficient because “the records [showed] prior involvements with the criminal and juvenile justice systems, and other unfavorable matters. Mason could not have presented evidence as to his good character and rehabilitation potential without risking the introduction of negative evidence by the state in rebuttal”; it also concluded that Mason had not shown prejudice. Mason, 694 N.E.2d at 956. The district court focused more directly on the “possible mitigating effects of [Mason’s] unfortunate childhood,” Mason, 95 F.Supp.2d at 777, but reached the same conclusion: [Mason] has not suggested the existence of any mitigating factor that is not overwhelmingly negated by his history of violent criminal conduct, including a prior rape and firearms offenses, multiple parole violations, and multiple drug offenses stretching as far back as elementary school. [Mason]’s counsel’s strategy of not presenting mitigating testimony in order to keep [Masonjs extensive criminal history from the jury was objectively reasonable. Nor has [Mason] shown prejudice; on this record, Mason cannot show a reasonable likelihood that any juror who was apprised of [Mason]’s complete psychosocial history — including his prior criminal record — would not have voted for the death penalty. Id. at 793 (internal citation omitted). In rejecting Mason’s claim of ineffective assistance at sentencing, the district court relied on Scott, in which we’ held that defense counsel’s decision not to present mitigating evidence was reasonable in light of the petitioner’s extensive criminal history, which included “commission of robbery, assault, kidnaping, and other violent acts upon innocent citizens.” Scott, 209 F.3d at 880. The potential mitigating evidence in that case, as found by the state court after a post-conviction evidentiary hearing, consisted of testimony about the petitioner’s “personal loyalty to his siblings, girlfriend, and children, and an exceedingly violent environment throughout his upbringing.” Id. Instead of pressing those points, defense counsel chose a strategy of residual doubt and only presented the petitioner’s unsworn statement. Id. We recognize the factual similarities between Scott and this case. However, after the Supreme Court decided Williams, we questioned whether the holding in Scott should be limited “to the narrow facts of a federal court contemplating a habeas petition after a state court has conducted an evidentiary hearing and made a finding of fact that had mitigating evidence been introduced, the defendant’s recent criminal history would have been presented to the jury in rebuttal.” Carter, 218 F.3d at 600 n. 2. As we have noted above, no state or federal court has held an evidentiary hearing on Mason’s ineffective assistance claim. We therefore believe that Scott is less relevant than it might otherwise be. Based on the record before us, we agree with the Ohio Supreme Court that defense counsel exercised reasonable professional judgment in deciding not to present mitigating evidence about Mason’s “good character and rehabilitation potential,” Mason, 694 N.E.2d at 956, but we reiterate that counsel may have rendered ineffective assistance in failing to investigate (and thus being unable to present) potential mitigating evidence about Mason’s background. We begin by noting that we have previously deemed the failure to present mitigating evidence when it was available to be “an abdication of advocacy” rather than a strategic decision. Austin, 126 F.3d at 849. This holding, however, necessarily requires an inquiry into the mitigating evidence that was available at the time of sentencing. As discussed above, trial counsel’s preparation for sentencing appears to have been limited to reviewing the documents that the prosecution disclosed to them and deposing Dr. Spare, who tried “to determine mitigation” and “to attempt to determine the likelihood of [Mason] being a repeat violent offender and/or his potential for rehabilitation.” Smalldon Aff. at ¶¶ 10 — 11. Dr. Spare concluded his report to defense counsel by predicting Mason’s future behavior: “Based on the available evidence, Mr. Mason is not likely to be a repeat violent offender under ordinary circumstances. ... [His] pattern is that of avoidance and running away as opposed to aggressive violence.” Smalldon Aff. at ¶ 17. Therefore, the mitigating evidence available to defense counsel at sentencing concerned Mason’s interactions with the state and Dr. Spare’s assessment of Mason’s character. In dismissing Mason’s petition for post-conviction relief, the trial court referred to the twelve mitigation exhibits in finding that “[t]he evidence regarding [Mason’s] background which he now contends should have been introduced, was considered by Defense Counsel.” Mason, No. 93-CR-0153, slip op. at 5. The trial court then listed the following evidence that the prosecution could have introduced in rebuttal: A. That [Mason] had multiple juvenile offenses and was committed to the Ohio Youth Commission as a juvenile (Mitigation Exhibits 2, 4, 11); B. That as an adult he had been in and out of prison and that while on parole, he committed multiple parole violations (Mitigation Exhibits 6, 7, 11,12); C. That [Mason] had been a drug user since age 14 and was also a drug dealer (Mitigation Exhibit 10); D. [That Mason] engaged in other violent conduct, including threatening his ex-girlfriend with a gun (Mitigation Exhibits 11, 12, Deposition of Dr. Spare;); E. That help was offered to [Mason] at an early age, including counseling, in which he refused to participate (Mitigation Exhibit 3); F. That he raped Danielle Miller on October 7, 1992 (Dr. Spare deposition); G. That during the ten years prior to raping and murdering Robin Dennis, [Mason] had spent all but 19 months in prison, which included his parole being violated on four separate occasions (deposition of Dr. Spare). Id. at 5-6. The Ohio Supreme Court determined that defense counsel reasonably chose not to present mitigating evidence about Mason’s “good character and rehabilitation potential” because they did not want to run the risk of this negative rebuttal evidence. Mason, 694 N.E.2d at 956. The state supreme court did not explicitly base its conclusion about defense counsel’s strategic motivations on whether state law would have allowed the prosecutor to use all of the negative evidence listed above. Cf., e.g., State v. Henness, 79 Ohio St.3d 53, 679 N.E.2d 686, 698 (1997) (limiting a prosecutor’s right to “rebut false or incomplete statements regarding the defendant’s criminal record ... to those instances where the defense offers a specific assertion, by a mitigation witness or by defendant, that misrepresents the defendant’s prior criminal history”). Because state law governs the scope of rebuttal evidence, we as a federal habeas court will accept the Ohio Supreme Court’s interpretation of state law. See Greer v. Mitchell, 264 F.3d 663, 675 (6th Cir.2001), cert. denied, 535 U.S. 940, 122 S.Ct. 1323, 152 L.Ed.2d 231 (2002). However, we observe once again that this reasoning does not apply to mitigating evidence about Mason’s background and life history, which trial counsel did not investigate and thus had no opportunity to present at sentencing. Testimony that simply put Mason’s childhood into context without misrepresenting it would not have been subject to the prosecutor’s rebuttal evidence, which mostly concerned Mason’s character. c. Inadequate Psychiatric Assistance Mason argues that he received ineffective assistance of counsel at sentencing because his attorneys acceded to inadequate psychiatric assistance. Specifically, he argues that Dr. Spare, the psychiatrist who examined him for the sentencing phase, failed to develop mitigating evidence and should have been disqualified due to a conflict of interest that stemmed from his treatment of Mason’s wife. Petitioner’s Br. at 33-34 n.8. In Skaggs, we held that counsel’s use of an incompetent psychiatric expert at sentencing constituted ineffective assistance of counsel. Skaggs, 235 F.3d at 273-74. However, the defendant in Skaggs was protected by Ake because he had claimed insanity as a defense at trial. Id. at 264. Mason’s defense rested on residual doubt and the argument that Chris had murdered Robin; therefore, Mason was not entitled to psychiatric assistance during the sentencing phase under Ake. Moreover, the two cases can be distinguished because defense counsel did not present any expert psychiatric evidence in this case. Cf. id. at 267 (holding that defense counsel rendered constitutionally ineffective assistance by “fail[ing] to investigate and present meaningful mitigating evidence” and “us[ing] an incompetent and fraudulent ‘psychologist’ as the central mitigation witness”). However, according to the record before us, a competent psychiatric expert would have “conduct[ed] a wide-ranging, very thorough inquiry into Mr. Mason’s psychosocial background.” Smalldon Aff. at ¶ 12. Such an inquiry would no doubt have ameliorated the prejudicial effects of defense counsel’s alleged failure to investigate Mason’s life history. Therefore, although Mason was not entitled to psychiatric assistance under Ake, he may still have an ineffective assistance claim for the deficient performance of defense counsel in apparently relying on Dr. Spare for an independent investigation into mitigating evidence. Mason pursued his ineffective assistance of counsel claim with diligence, raising it in all of his pleadings. He has yet to receive his request for an evidentiary hearing. We therefore remand this case to the district court with instructions to hold an evidentiary hearing and to determine, in light of the factors that we have discussed, whether defense counsel rendered constitutionally ineffective assistance with respect to the sentencing phase of Mason’s trial. C. Brady Violation After Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), a prosecutor who suppresses evidence that is both favorable to a defendant and “material either to guilt or to punishment” violates due process, “irrespective of the good faith or bad faith of the prosecution.” Id. at 87, 83 S.Ct. 1194. The Brady rule encompasses both exculpatory and impeachment evidence. United States v. Bagley, 473 U.S. 667, 676, 105 S.Ct. 3375, 87 L.Ed.2d 481 (1985). Favorable evidence is material under Brady “only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different.” Id. at 682, 105 S.Ct. 3375. A reasonable probability is one that is “sufficient to undermine confidence in the outcome” of the trial. Id. “The question is not whether the defendant would more likely than not have received a different verdict with the evidence, but whether in its absence he received a fair trial, understood as a trial resulting in a verdict worthy of confidence.” Kyles v. Whitley, 514 U.S. 419, 434, 115 S.Ct. 1555, 131 L.Ed.2d 490 (1995). Mason did not raise a Brady claim on direct appeal, but he did raise one as his third ground for relief in his state post-conviction petition. The state trial court found that the Brady claim was barred by res judicata. The Ohio Court of Appeals held that “nearly all of the [Brady ] claims set forth in [Mason’s] petition were, or should have been[,] raised on direct appeal from his conviction,” and then ruled against Mason on the merits. Mason, 1997 WL 317431, at *6. The district court found that Mason was in procedural default on the Brady claims, had not shown cause or prejudice, and could not make out a true Brady violation. Mason, 95 F.Supp.2d at 758. In Coleman v. Mitchell, 268 F.3d 417 (6th Cir.2001), we reiterated that the application of res judicata under Ohio law “is an adequate and independent state ground justifying foreclosure of constitutional claims in habeas.” Id. at 427 (citing Rust v. Zent, 17 F.3d 155 (6th Cir.1994) and Riggins v. McMackin, 935 F.2d 790 (6th Cir.1991)). However, federal habeas relief is available for constitutional claims defaulted in state court if a petitioner demonstrates cause and prejudice. Gray v. Netherland, 518 U.S. 152, 162, 116 S.Ct. 2074, 135 L.Ed.2d 457 (1996). Mason attempts to dispute the district court’s finding that the Brady claims were procedurally defaulted, but his arguments essentially point to cause. First, citing Amadeo v. Zant, 486 U.S. 214, 108 S.Ct. 1771, 100 L.Ed.2d 249 (1988), Mason suggests that “the [state’s] very act of withholding the evidence in the first place establishes ‘cause’ for any alleged procedural default.” Petitioner’s Br. at 88. Second, he argues that “the fact that the documents were not available until state post-conviction again establishes adequate ‘cause’ for any alleged default. A petitioner is not required to raise on direct appeal claims for which he lacks a basis in fact, especially where the state has actually concealed the facts.” Petitioner’s Br. at 88 (internal citation omitted). However, as the district court noted, Mason has not shown why the basis for a Brady claim was not available on direct appeal. Con-clusory statements about state concealment will not support a finding of cause. Amadeo, 486 U.S. at 222, 108 S.Ct. 1771 (“[T]he existence of cause for a procedural default must ordinarily turn on whether the prisoner can show that some objective factor external to the defense impeded counsel’s efforts to comply with the State’s procedural rule.”) (quoting Murray v. Car rier, 477 U.S. 478, 488, 106 S.Ct. 2639, 91 L.Ed.2d 397 (1986)). Even assuming that Mason did have cause for failing to raise his Brady arguments on direct appeal, we are not persuaded that he can show prejudice. To obtain relief, Mason “must convince us that ‘there is a reasonable probability’ that the result of the trial would have been different if the suppressed documents had been disclosed to the defense.” Strickler v. Greene, 527 U.S. 263, 289, 119 S.Ct. 1936, 144 L.Ed.2d 286 (1999). In examining the suppressed evidence, we must ask “whether the favorable evidence could reasonably be taken to put the whole case in such a different light as to undermine confidence in the verdict.” Id. at 290, 119 S.Ct. 1936 (quotation omitted). We conclude that we cannot answer this question in the affirmative. Mason describes three general categories of evidence that was allegedly withheld from his defense: (1) statements made by Robert Rodeffer (“Rodeffer”) to police and medical personnel that he had been present at Robin’s murder; (2) exculpatory statements made by Michael and Carolyn Young, friends of the Dennises, to Captain A1 Hayden (“Hayden”), who interviewed them three days before the jury was impaneled; and (3) pretrial statements of various witnesses that were allegedly inconsistent with their testimony at trial. The district court reviewed the record and determined that there was no reasonable probability that the disclosure of these statements would have produced a different result at trial. Mason, 95 F.Supp.2d at 758-60. We agree. Rodeffer was arrested on February 19, 1993, four days after the discovery of Robin’s body, for stealing whiskey from a convenience store. At the time of his arrest, Rodeffer was both intoxicated and suicidal; he had apparently consumed three-quarters of a fifth of whiskey and seven sleeping pills. Soon after making the arrest, the police transported Rodeffer to Marion General Hospital for a medical evaluation. While being examined, Rodeffer indicated to the arresting officer that he had information about Robin’s death, which he intimated was “satanic related.” J.A. at 1915. Rodeffer stated that Robin had been ordered to get out of her car, hit in the back of the head, and then “hung by her neck with a large log chain.” J.A. at 1923. As the district court noted, this description of Robin’s injuries was inconsistent with her actual injuries. Mason, 95 F.Supp.2d at 758. After reviewing Rodeffer’s statements and the surrounding circumstances, the district court concluded that “it strains credibility past the breaking point to suggest that there is a reasonable probability Rodeffer’s evidence would have produced a different verdict.” Mason, 95 F.Supp.2d at 758. Mason contends that the district court’s dismissal of Rodeffer’s statements amounted to “an impermissible credib