How about this, Patrick Jane has made his suspect list from what Lorelei Martins said about him having shook Red John's hands.
Then on season 5's finale, we see Lorelei Martins in a video reading Jane's list of suspect. The video was made before Jane revealed his suspect list to anyone.
My theory on how he has done it is forcing. Similar to a magic trick where the magician holds a pinky break and tell the the participant to say stop wherever he wants when in reality, it has already been decided.
As Patrick has told Sam Bosco:""Red John doesn't make mistakes. He doesn't leave clues. If you have
new evidence, it's because he wants you to have it. The question isn't
'What does it mean?'; it's 'Why did he give it to you?'"
Lorelei Martins was given to Patrick to trick him, to lead him to an outcome that Red John already decided.
So my theory is Red John is not on the list itself or Ray Haffner is Red John.
In season 1 episode 11, Red John hacked into CBI's secure network. It means Red John is technologically competent and one of Ray Haffner's skill is surveillance & it has to be someone who has worked or working in the CBI to know the vulnerabilities of the system itself.
What do you guys think?