There is also another man very suspicious and he can be considered like
Waldo: in 3x24 when Timothy Carter answers the phone there is a man with a
red sweater sitting ahead of him. The man watches Patrick and when he
stands up to talk to Timothy, the man goes away. But look at the table:
there is a mug and the handle of the mug is on the left side (Roy
Tagliaferro in 4x13 holds the mug with his left hand).
And look at the floor: the man is sitting in the middle of the hall in a red circle (you can see it better at the end of the episode, there is an aerial shot).
The same man appears also in 4x09. We can see him twice at the CBI terrace/restaurant: the first time he is walking (min. 15:04);
the second time he is reading a newspaper while Patrick and Teresa are eating an ice cream (it is at the end of the episode).
that's what the Mentalist writers said about the scene in which Jane meets Carter in the mall: "To be honest, this is the most important scene since the pilot, and will be till the end of the series".
Now, remember what Patrick said in the pilot: "Why do magicians have beautiful girl assistants? Because they’re reliable distracters of attention. People will look at a
beautiful girl for a long time before they look where they should be
looking if they want to see how the trick really works" (min. 34:31).
Well, maybe Red John used the same trick:
Timothy is the girl assistant (ok, he isn't "beautiful" :D, but he is charismatic, isn't he?) and the man with the red sweater can be the magician, or Red John, if you prefer.