If they do that there will be $100M lawsuit.
Burke isn't child and he is most definitely now a pubic figure by virtue of going on Dr. Phil. He'd have to prove actual malice on the part of CBS, not just that they got it wrong.
If he sues, he'd have to sit for deposition under oath. It will never happen. If it did, I suspect this case might finally be solved.
Still, I think Patsy is the safest conclusion. Not that I think she's the one who first hurt JonBenet.