I strongly suspect that the judge told counsel at sidebar this AM that she was denying the motion to dismiss, but Nurmi said WAIT WAIT WAIT John-Sue Smithdonym has been looking into the image some more and I think by Wednesday he will have found more deleted smut. And JSS said, OK, I'll hear what he has to say on Wednesday.
LWP is a theoretical option only, because the AZ Legislature can't legislate its way out of a paper bag. So JSS could pick that option, and then in 25? 35? years (I can't recall which), Jodi can say "I want a parole hearing" and everyone can say "um, we don't have those," and then she can file a special action demanding a parole hearing, and the State can say "possibility of parole only means if parole is a possibility" and the taxpayers' money can be wasted on a bunch of nonsense.
IMO JSS does not like to open up cans of worms. She will pick LWOP if the jury doesn't vote for death.