we checked local, state and federal databases and we had no knowledge of this ndividual. reporter: [inaudible] person of interest, accomplice? sheriff lombardo: we consider her a person of interest. we have been in contact with her and we plan to engage her upon her return to the country. reporter: do you have any idea how he was able to break through the windows? did he open the window, smash the window? sheriff lombardo: we believe he had a device similar to a hammer to smash the window. reporter: sheriff, so far inaudible] the investigation looking into the potential ties, even loose ties to [inaudible] sheriff lombardo: obviously we will do that. we will run it down to the very end but right now at face value we haven't been able to identify hat. reporter:: did he have tickets to the concert? sheriff lombardo: i have no dea. reporter: do you know what he did between checking in and -- sheriff lombardo: we don't know. there are hours and hours of video surveillance that we have to do in cooperation with the m.g.m. eporter: [inaudible] sheriff lombardo: the fusion cente

to do that, the manhart decision tells us that we look at the ndividual. if you change the sex of the individual and the outcome would be different, that would be iscrimination. >> your honor, the bathroom issue, while often relevant to issues of transgender discrimination, it has never been relevant to cases of sexual orientation discrimination. it concedes that sexual orientation discrimination involves an element of sex. >> isn't that criticism designed to show a weakness in the comparator test? it is not a perfect test. would you agree with that? >> in the focus of manhart, i think it is a very useful est. you don't necessarily need to find an identical comparator. what you are doing is comparing he individual with a hypothetical situation. the same individual, but a different sex. is the outcome different? here, it applies equally in the sex context. to your point about the bathrooms, i concede that sex is irrelevant to the question of sexual orientation. then, bringing up the bathrooms is essentially saying let's look at the terms and conditions. but