but the test also mentioned that he cant be included... so how do you explain that?
He can't be INCLUDED because of his age. Colorado law prohibits anyone under the age of 10 from being indicted, accused, or in any way implicated in a crime. BR was just shy of his 10th birthday, so he was 9 when this happened. That is why even though the Grand Jury knew the parents covered up the crime (18 counts were mentioned, 9 for each parent) including "failure to prevent abuse leading to death", and even though LE knows what happened, they can never even mention BR in association with the death of JB.