Just a thought...

Don't you think Brett is TOO obvious? I know Bruno Heller has said stuff but I wouldn't be surprised if RJ is not even on his list, as Jane was happy when they broke into his house.

If the list is legit then the safe bet is Brett with all the videos, pics, and audio from the actual show appointing him. If the writers want a twist, I guess they'll go after someone we don't expect, like Bertram. I know he doesn't have short hair, but Heller said some of the clues are fake. This clue rules out only him. He also drinks tea, is familiarized with the Tyger Tyger poem, calls Patrick 'boy wonder' in an episode, appeared in a season 3 episode (Heller said RJ appeared before season 3). 

What doesn't fit is the smiley face on the farm, which is said to have been painted by a child. This clue leaves out all grown ups from the list. Help me here. This theory is based on the writers not being idiots.