The SYG hearing is also a risk for the defense. Zimmerman would have to answer all of the judge’s questions, baring his whole case ahead of time. If the judge was a stickler for the law exactly as written, the hearing might be a good idea. This judge doesn’t seem like the type to trust for that. I wouldn’t do it either.
Was reported that he can still have a SYG hearing during or after the trial.
If we believe what O'Mara said in his press availability yesterday, he has no intention to ask the judge to decide the case. I do agree that defendant's right to an immunity hearing isn't extinguished for failure to move for this before criminal trial, and therefore he can have an immunity hearing "during" (after presentation of state's case, after presentation of defense case), or after the trial (jury returns hung, or an acquittal, or guilty). But O'Mara said that his client has decided to "take the decision away from the judge" (my words, not O'Mara's), because his client believes the public will be more accepting of a jury's result.