Prosecuting attorney Richard Orman disputes the defense's claims that the gunman did not possess a culpable mental state.
Orman lists the ammunition the gunman had.
"He went into the theater with at least 314 rounds. But for the malfunctioning of the drum magazine and other facts... he would have killed a lot more people."
Orman: "He went to the theater with more than 400 .223 rounds, more than 275 .45 caliber rounds and 12 shotgun shells (with 100 pellets each.)"
Orman: "Every time the defendant pulled the trigger... his intent was to kill whatever person... was in front of that bullet."
Orman says the gunman acted with malice of forethought and did long and extensive planning.
"His intent was to make a corpse of every living soul in that theater."
Judge: "I agree with Mr. Orman." Judge Samour says the evidence suggests the gunman acted with intent and after deliberation. The prosecution does not have to prove he had a specific target.