The evidence that proves malice also proves the element of specific intent, Brown said.
"Premeditation ... doesn't need to exist for any particular length of time," he said. "He hit him over and over and over. This has also been characterized as a struggle. This is not a struggle. This is a beat-down by Bruce Pollard."
What other intent could Pollard have had besides killing McDaniel? Brown asked.
In the middle of Brown's closing arguments, Pollard's mother, wiping tears from her eyes, left the courtroom and had not returned as of noon.
It's clear that Pollard was participating in robbery, Brown said.
"There's a saying ... 'When you hear thundering hooves, think horses not zebras,'" Brown said. "He means don't ignore the obvious. This was a robbery, plain and simple. And he killed Kenny McDaniel to accomplish it, plain and simple."
The state must also prove that Pollard was not justified in his actions, which Brown said is evident in any number of events from that night.
Pollard could have unlocked the front door, he could have simply threatened McDaniel with the pry bar or pushed him over and there is "zero evidence" of McDaniel assaulting Pollard, Brown said.
"On the basis of a hand [on Pollard's thigh] and two zippers is the quantum leap the defense wants you to make in this case that there was some sexual accosting," Brown said.
Pollard is "overwhelmingly guilty," Brown said.
"He beat him and strangled him for minutes," he said. "[McDaniel] did not deserve what happened to him. No one deserves that. He did not deserve to have his head beaten with a crowbar, he did not deserve to be strangled, he did not deserve to be attacked by Bruce Pollard in the theater that day."
The defense will resume its closing arguments this afternoon.