More important is the fact that the entire case against Burke, as outlined in Kolar's book and the CBS special, is based purely on assumptions. The most significant, of course, is the widely held assumption that both Patsy and John collaborated on the pedophile/kidnap staging. Since Kolar and the CBS team assume that neither Patsy nor John could possibly have had a reason to murder their own child, and since we have no reason to believe that one would want to cover for the other in any case, it's not difficult to understand how Burke could emerge in their thinking as the most likely culprit. Their theory is reinforced, moreover, by the notion that the only possible motive, in their minds, would have been sibling rivalry.
To put things into perspective, allow me to quote from an earlier blog post:
As I understand it, John was in fact the prime suspect until an unexpected thing happened: he was "ruled out" as writer of the note by a team of handwriting "experts." Consequently the case was thrown into disarray where it has remained ever since, because once John is ruled out, the only possible alternatives to the scenario I've offered above are too fantastic and literally beyond belief to present in court. Not too fantastic, however, to be widely accepted by a great many people following the case, including some experienced law enforcement veterans who should know better.In other words, the truly bizarre notion that Burke could have bludgeoned his sister, with his parents deciding to cover for him by an insane act of overkill, penetrating their beloved daughter's vagina, strangling her with a garotte-like device and staging a kidnapping by composing a long and complicated, hand-written "ransom note," is only one of the fantastic theories concocted out of sheer desperation, in an effort to solve a case that can never be solved so long as John Ramsey has been "ruled out."
And if you prefer to assume that frail, nine year old Burke not only bludgeoned but sexually assaulted and viciously strangled his sister, the theory becomes even more bizarre. Since there is NO evidence suggesting that Burke did or could have done any of this, there is no case to be made against him. The only good reason to even suspect him is based on the assumption that no other explanation seems possible. Once John is ruled back IN, that assumption no longer holds, and there is no longer any reason to suspect either Burke or Patsy.