That's Kevin Rankin in the background of this scene. The actor comes on board The Mentalist as Jane's brother-in-law.
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The Mentalist Season 3 Episode 2 Quotes

You look like Cagney and Lacey had a baby and called it Pepper.

Sam (describing Lisbon)

Jane? No. It was a man. Patrick.

Trixie (after Lisbon refers to Patrick as "Jane")