Actually, I thought the Ramseys admitted Burke was awake (faking sleep) and they were unaware of that fact UNTIL BURKE STATED IT! I don't think it has anything to do with the 911 tape. It was an Enquirer article which was part of the settlement deal made. Also, IF the GJ had determined BDI - it's true you can't prosecute a child under the age of 10 - but COME ON, the case wouldn't still be open. $$$ & resources wouldn't still be spent on a "solved case."