From the part of the CVR that has everything to do with the impact:
1. The PNF appears to have the suss of the a/c better than PF.
2. PNF repeatedly cautions PF's PITCH and rate excursions.
3. PNF alerts PF to excessive "Lateral Control"
4. PNF's screen was recorded.
Pilot Flying's screen did not show up as recorded. 1+1=2. What did the flying pilot see? Will we hear more of the CVR? Given PF was so clearly unsure of his attitude, is anyone else going to entertain that he could not establish level for a reason? He had ROLL, but unless a determination of the DFDR traces shows conclusively A/P was NOT reselected, a question.
Was The Pilot Flying commanding the climb?
Or was he trimming to it?
If no history of uncommanded climb existed, it would not probably be a question that comes to the fore.
But there is such a history, in the record. One should look for proof that PF was causing the climb to 38. Not the aircraft.