[driftdiver]

Because if he had the hearing and they denied it then he couldn’t use it during the trial.

[Conscience of a Conservative]

Because if he had the hearing and they denied it then he couldn’t use it during the trial.

I don't believe that's the case. All the hearing does is determine whether the person is immune from prosecution. Even if he lost the hearing, he could have still raised self defense as a defense during the trial.