I totally agree. And on a night like Christmas, many people ARE up late...cleaning up after holiday festivities, hosting parties, arriving home late from parties, etc. A neighbor DID report seeing what they described as "strange, moving lights" through the Rs kitchen window around midnight. I believe this was someone walking around with that flashlight, also found in the kitchen area.
For those who may have missed Kolar's latest discussion on Websleuths radio, he mentioned that there had been some testing done on the flashlight that linked it to the skull injury. He did not elaborate, but I have always felt the flashlight was used as the bludgeon, and it seems LE may agree.
My thought is that the flashlight was nothing more than staging to support the intruder theory. This is supported by the fact that the batteries inside the flashlight had been wiped for fingerprints. When you think about it, you realize there would be no reason to wipe the batteries other than to give support to the idea that this was a sneaky unknown intruder's flashlight. I also believe that the actual murder weapon would not have been left right there in plain sight, to be easily found by LE. I think that was removed from the house, whatever it was, along with other items. In fact, now that I think about it, using the flashlight in the house could have been part of the staging also, intending for it to be seen by one or more neighbors and reported to police.