LOL, good luck pushing that line of reasoning in court.
If you knowingly and with another (conspire) to give false statements concerning a known crime in furtherence of a false narrative concerning that crime, you ARE guilty of conspiracy.
The real brain twister is was a crime committed as Colorado law pretty much makes it nigh impossible for a nine year old to commit a crime.
Notice that even in your supposed "refutation" you actually prove my point. Thanks.
Two elements are required for criminal conspiracy: knowledge that what you are planning is a crime, and involving at least one other person.
Burke could not knowingly participate in a conspiracy as a nine year old. In our law, we accept that children do not understand crime.
Later, he could not be indicted for conspiracy unless he reinforced the obstruction with someone else. Both elements must be present at the same time.