CDF Burke is one of five judges so if his is the casting vote it won't be just he who is giving Apuron 'a pass', as you call it or condemns him.
Probably very few Catholics even in the U.S.are aware of Cdl Burke and still less of the controversies which surroundw him. It is doubtful that the world is watching. To active progressives he is a stumbling block because he stands in the way of them achieving their desire for doctrinal change.
I'm sure Cdl Burke is wise enough and has the integrity to act according to his conscience to make sure this bishop has a fair hearing.