Oregon Judge Delays Ruling on Harding : Olympics: Jurist tells USOC, figure skater to try to solve their problems over the weekend.

On the eve of the XVII Winter Olympics, the Tonya Harding affair remained as unsettled as ever.

An Oregon circuit judge on Friday became the latest to delay a decision that could affect Harding’s participation in the Olympics. Patrick D. Gilroy, a Clackamas County judge, said he would not rule until at least Monday afternoon on a motion that would keep the U.S. Olympic Committee from holding a hearing that could bar Harding from the Games.

The hearing, which was originally scheduled for Tuesday in Oslo, was postponed until Friday.

Gilroy, after 3 1/2 hours of deliberations, including 1 1/2 in chambers, said he was concerned about the disruptive nature of events that have transpired since Nancy Kerrigan was clubbed on the knee Jan. 6. Since then, four men have been arrested for the assault, including Harding’s ex-husband and her sometime bodyguard.

The judge asked representatives from both sides to redouble their efforts to solve the impasse this weekend. However, that is unlikely. Harding wants more time to prepare a defense as well as the chance to skate. The USOC wants the opportunity to call disciplinary hearings whenever necessary--even on short notice.

Gilroy’s delay is the latest in a string of nondecisions surrounding Harding.

Last weekend, Claire Ferguson, president of the U.S. Figure Skating Assn., decided not to immediately suspend Harding after a USFSA panel determined there were reasonable grounds to call for a disciplinary hearing. Instead, the figure skating group followed procedure and is allowing Harding 30 days to prepare for the hearing, which will come after the Olympics.

The International Olympic Committe also stayed out of the fray, saying that it had no desire to rule on her eligibility and would leave the decision to the USOC.

The USOC then called for its Games Administrative Board to decide whether Harding had violated the body’s code of conduct by lying to FBI agents about what she knew about the attack on Kerrigan.

On Friday, the USOC had to defend its position that a hearing should be held quickly. Its attorneys came armed with a list of compromises it hoped would show the court it was attempting to act in good faith in the Harding matter.

One of the compromises was postponing Harding’s eligibility review until Friday--three days before the USOC must submit its final roster for women’s figure skating. The women’s competition is scheduled for Feb. 23 and 25.

Peter Susemihl, USOC assistant general counsel, offered four other stipulations to ensure Harding’s rights would not be violated. The organization said it would provide lodging and a training facility for Harding and her coach, Diane Rawlinson, in Oslo; would accommodate her attorneys; would accommodate her witnesses and would work out an arrangement whereby Harding is comfortable with the 13 members of the Games Administrative Board.

Harding’s attorneys had argued that previous comments attributed to USOC President Leroy Walker, a board member, tainted his impartiality.

In offering the compromises, Susemihl acknowledged the USOC is not completely equipped to handle the unusual circumstances surrounding the case.

Harding’s attorneys argued that no matter what the USOC offered, it would be unable to hold a fair hearing, if for no other reason than the time factor.

But Gilroy said if he accepted that theory, Olympic officials could never hold disciplinary hearings.

“It sounds ludicrous to take this too far,” Gilroy said.

Yet, the judge was unwilling to make a decision that could have a chilling effect on how sports organizations control their athletes. Gilroy said he found the issues complex and difficult, and needed more time to consider the arguments.

As much as he agreed with the USOC’s right to hold hearings, Gilroy said, he was concerned about the fairness of forcing Harding to defend herself on such short notice when she has spent her life training for the Olympics.

Harding’s attorneys said they need proper time to prepare a defense, including the gathering of half a dozen witnesses, who they claim would refute allegations that Harding acted irresponsibility in making contradictory statements to the FBI.

Afterward, Harding’s lawyer, Dennis Rawlinson, standing in front of the old stone courthouse in this historic Portland suburb, said he was optimistic the the USOC would be prevented from removing Harding from the team.

“Tonya Harding has worked all of her life for the opportunity to represent her country in Lillehammer,” said Rawlinson, husband of Harding’s coach. “If we take that opportunity away from her, we can never, never make it up to her.”

Susemihl had no comment about the proceedings. In Lillehammer, USOC officials were unavailable for comment.

Harding did not appear in court, although her criminal attorney, Robert Weaver, joined the litigators in the fight to keep the U.S. national champion on the Olympic team. Harding was said to have watched the hearing on television.

Harding, however, did return to the ice at a rink outside of Portland on Friday morning when she skated with Stephanie Quintero, the friend with whom she has been staying.

Dressed in a purple leotard, black tights and baggy white sweat shirt, Harding dodged well-wishers and skated carefree, holding Quintero’s hand.

Asked if she would skate in the Winter Games, Harding replied in a quiet voice: “I hope so.”