Who killed JonBenét Ramsey? Legal experts explain case’s biggest challenges

It’s one of the biggest unsolved mysteries of the ‘90s: who killed JonBenet Ramsey? A new Netflix true crime documentary seeks to find answers, but legal experts have explained why it’s so complex. 

Cold Case: Who Killed JonBenét Ramsey revisits the tragic story of JonBenet, a six-year-old child beauty pageant queen found murdered in the basement of her family’s Boulder, Colorado, home on December 26, 1996. 

The discovery of her body, alongside a bizarre ransom note, launched a sensational investigation that captivated the world. Despite exhaustive efforts and countless theories, the case has been plagued by missteps.

Dexerto caught up with a group of attorneys to look at the issues surrounding the case, and the question that remains unanswered after nearly 30 years. 

Who killed JonBenet Ramsey? It’s not a simple question

The leading theory often cited in public discourse is that JonBenet Ramsey’s death might have involved someone within her family, such as her brother Burke or one of her parents, Patsy and John. 

Other suspects have been identified over the years, with the Netflix docu-series exploring John Mark Karr, who made a false confession, and Gary Oliva, a local sex offender. Both were cleared after DNA testing. 

Despite the many theories and suspects over the years, no one has ever been convicted of the murder. Legal experts emphasize that the case remains unresolved.

Craig Greening, founder of Greening Law Group and certified forensic lawyer scientist, outlined the many issues that led to this outcome. 

“The case was mishandled early on, with critical evidence compromised and the crime scene contaminated, creating reasonable doubt and making it nearly impossible to build an airtight prosecution,” he told Dexerto.

Greening also highlighted the two-fold issue regarding the Ramsey family. “The police delayed formal interviews with JonBenet’s parents, John and Patsy Ramsey, allowing them to avoid immediate questioning. This may have compromised the integrity of their accounts.”

At the same time, it was a mistake to focus on just one theory. “Law enforcement initially focused heavily on the Ramsey family as suspects, neglecting other potential leads,” he continued. “This narrow scope delayed a comprehensive investigation into other possibilities.”

Why hasn’t anyone been convicted?

Elaborating further on why no arrests led to a guilty conviction for JonBenet’s murder, the general consensus is that the crime scene was mishandled and evidence was contaminated back in 1996. 

“Crucial evidence, such as the ransom note and items near JonBenet’s body, was not properly preserved or documented,” added Greening. “For example, John Ramsey moved JonBenet’s body, further contaminating the scene.”

But John Ramsey’s involvement wasn’t the only issue. “The crime scene wasn’t secured properly, and people were walking through the house, which would definitely have compromised certain clues,” explained Paul Koenigsberg of Koenigsberg & Associates.

“Another issue is the evidence itself,” added James Pipe, a legal expert at freegrantsforfelons.org. Although foreign DNA was found under JonBenet’s fingernails and clothing, gaining clarity on the readings is difficult. 

Technological limitations, interpretation challenges, and contamination risks at the time complicate the reliability. As Pipe stated, “While DNA was found, it didn’t conclusively point to a specific suspect, leaving law enforcement without the smoking gun needed to build an airtight case.”

Another piece of evidence that caused issues was the ransom note, which left many suspecting the family due to its unusual nature. As well as being handwritten and unusually long, it demanded $118,000 – the same figure as John’s Christmas bonus the year prior. 

Additionally, when John and Patsy handed their notepad to the police, they found a page that appeared as if the writer had practiced the letter, with the phrase “Mr and Mrs”.

But handwriting analysis could not conclusively identify the author. C.L. Mike Schmidt, a lawyer with Schmidt & Clark LLP, told Dexerto, “The ransom note was a big distraction that took attention away from the case instead of making it stronger.

“I have seen firsthand how bad procedures in high-stakes cases can cause enough reasonable doubt to throw out convictions, no matter how strong the theory is.”

This leads to another major issue often seen in true crime cases: the media circus that followed. “It created a mess of public opinion, false confessions, and tons of misinformation that muddied the waters,” said Koenigsberg. 

“With no clear direction between theories of family involvement versus an intruder, the investigation was all over the place from the start.”

The biggest hurdles in solving the JonBenet Ramsey case

Ultimately, the biggest challenge is the amount of time that has passed, which hinders every piece of evidence required to build a case. “Trying to piece together solid testimony after almost 30 years is quite a long shot,” said Koenigsberg.

“Forensic technology at the time wasn’t as advanced as it is now, so what was collected might not hold up today, even with new testing methods. It has been too long, and many witnesses would have moved on, passed away, or no longer have a good recall of what they witnessed.”

Greening added that “the limitations of touch DNA also complicate the investigation, as it’s unclear whether the DNA found on JonBenet’s clothing was linked to the crime or just incidental contact.”

Then there’s the mishandling of the case, which makes it even more difficult. “The way the crime scene was handled makes it hard to know what evidence can truly be relied on,” said Pipe. 

Even if it were to go to court, “the media frenzy surrounding this case has likely shaped public opinion and could complicate jury selection if charges were ever brought,” he added. 

“At its core, this case is a tangle of forensic, procedural, and legal obstacles that only get tougher to overcome with time.”

Could DNA technology finally solve it?

Despite the challenges, JonBenet’s case remains an open and active homicide investigation, with the Boulder Police Department confirming last December that DNA testing continues to be a focal point. 

According to the legal experts we spoke to, this is the likeliest way for it to be solved. As outlined by Mark Hirsch, lawyer and co-founder of Templer & Hirsch, “New DNA technology could examine data that was previously thought to be inconclusive.” 

Schmidt added, “An example would be looking at duct tape or other real things again that might give us new information using methods that weren’t around decades ago.”

But this is just one piece of the puzzle. “Also, a credible confession backed up by evidence could help clarify things,” Hirsch continued. “Forensic experts, detectives, and lawyers must work together on cases like this to ensure the evidence stands up to modern scrutiny.”

Finally, Pipe highlighted the importance of having fresh eyes on the case. “Independent reviews by cold case investigators, unconnected to the original investigation, might uncover missed leads or errors,” he said. 

“Public cooperation would also play a role. Sometimes, old cases break because someone finally comes forward with new information. This, paired with transparent collaboration between law enforcement and independent experts, could be a game-changer.”

Are the Ramsey family guilty?

The Ramsey family have never been found guilty for JonBonet’s murder in the court of law. Patsy Ramsey maintained her innocence right up until her death in 2006, while John appears in the Netflix documentary to claim he too is innocent. 

JonBonet’s older brother Burke has also denied any involvement in the murder of JonBonet. Due to the suspicion towards them from Boulder police, the Ramseys lawyered up early on in the investigation, making progression in the case more difficult. 

As stated by Schmidt, “Because the investigation was first focused on the Ramsey family, it may not have had the chance to look into other possibilities. I know that assumptions can lead to blind spots because I’ve been through it. In this case, assumptions have left holes that are hard to close.”

“Additionally, there’s the dual role of the Ramsey family in the case,” added Pipe. They were treated both as victims and as potential suspects, creating a lot of tension and mistrust that hindered progress early on.”

This is even more challenging today, with Pipe stating, “It’s hard to investigate thoroughly without crossing lines that could be perceived as biased or unfair.”

The significance of brother Burke Ramsey 

Burke Ramsey, JonBenet’s older brother, was just nine at the time of JonBenet’s death. He has long been a figure of interest in the case, with speculation surrounding his potential involvement or knowledge of the events that unfolded on the night of the murder. 

In 2016, CBS aired the documentary The Case of: JonBenét Ramsey, which accused Burke of killing his sister and the parents of covering up for him. It speculated that Burke flew into a rage after JonBenet stole a piece of pineapple from his bowl. 

Burke garnered further suspicion when he appeared on Dr. Phil that same year to respond to the theories and speculation surrounding his involvement. The show received so many messages raising concern over Burke’s smile throughout the segment, Dr. Phil addressed it, suggesting he was just nervous and uncomfortable. 

Following the allegations made in the CBS’ documentary, which the family slammed as “false,” Burke ended up suing CBS, the producers, and the hosts for $750 million. The case was settled for an undisclosed sum. 

Prior to this, in 2000, former detective Steve Thomas wrote a bestselling book accusing Patsy of killing JonBonet. Again, the Ramseys took legal action, this time suing Thomas and his publisher for $80 million. And again, the case was settled for an undisclosed sum. 

Although John features heavily throughout Cold Case: Who Killed JonBenét Ramsey, Burke declined to be interviewed, citing his “treatment by the media and online websleuths.”

Cold Case: Who Killed JonBenét Ramsey is streaming on Netflix now. Also take a look at the other true crime docs coming out this month.