Obviously I'm not familiar with the 737 checklists, but I have to wonder why the pilots don't have some responsibility for getting airborne with a cockpit switch in the wrong position - a claim that is clearly in some doubt anyway.
If that was cause (and not the suspicion that there was a leaking door seal - the reason for the pressurization check being carried out) then the crew should have had at least two opportunities to set the pressurization switch to the correct position before take-off.
Even missing that, they would surely have had a cabin altitude warning as they were climbing to altitude. Would lack of pressurization not have caused equipment cooling issues too? I would think that would also trigger cockpit warnings.
So, my question is, what the hell were the crew doing? To me this is like a pilot running out fuel and then blaming the groundcrew for not putting more AVTUR in the jet.
My thoughts here in no way detract from the utter pig's ear the judiciary have made of this. I just think the blame is directed in completely the wrong direction.