I'm more in the camp that would suggest that Red John isn't on the 'List of Seven' as revealed in the Season 5 Finale. I have no specifc proof to offer, however, he certainly was very well aware that his apartment at CBI had been compromised, and clearly was both expecting this eventuality (otherwise why set the toothpick in the first place), and was unconcerned, if not pleased, that the break in had taken place. This suggests to me that not everything he was guarding as secret was readily available to those breaking in.
Presuming further, that Red John is not, in fact, psychic, and that he's deduced the 'List of Seven' upon surveillance of Jane (even if not from the break in itself), it's reasonable, I think, to presume that the deduction would have been made based upon the information within the room.
That being said, I believe Jane keeps his cards pretty close to the vest, and that his real suspec(s) would not necessarily have been available to be .
Red john told us, through Loreli, that he will now show Jane a trick - that he knows that Jane has whittled down the list of folks with whom he has shaken hands to seven names, and that he will now reveal to Jane that he too knows the names of those folks. The trick is in the naming of the 'List of Seven', in reaching (once again) into Jane's head! not necessarily in confirming that Red John himself is actually on the list. Clearly Red John knows who he is, he doesn't need to solvet that particular mystery.
Additionally, from what I can gather, Bruno Heller has reportedly advised that 'we can trust the list', which we can. I'm not sure he's ever confirmed that Red John is, in fact, on that list.
For my part, I think the list has more to do with Visualize than it does with Red John per sé. Clearly there is a connection between Red John and the cult on some level, but I think the conspiracy that exists among the seven has more to do with the tentacles Visualize has into government, the FBI and The CBI. I believe this is the meeting that was taking place in Bertum's office ('How much does Jane know'), and that Stiles has friends everywhere. this would explains how he sprung Loreli from prison. Once RJ is outed / captured / killed - this will become a central new mystery.
This is the long way of saying I believe that the prime suspect is not on that 'List of Seven', and that the other list - previously seen in Jane's notebook - can also be trusted (perhaps this is in fact the list to which Bruno Heller was referring). On that list was Walter Mashburn, a person with means, style and smarts - Who appeared early within the show and who has feelings for Lisbon (and wouldn't have wanted to harm her if it could be helped).
