A Senate Appropriations subcommittee had subpoenaed Bob Murray to appear Thursday to answer questions. But the chairman and ranking member of the panel say they will postpone his testimony until the Mine Safety and Health Administration finishes its investigation of the tragedy in Utah that killed nine miners.

Sens. Tom Harkin, D-Iowa, and Arlen Specter, R-Pa., say that Murray will remain under a subpoena the Senate Appropriations subcommittee on Labor, Health and Human Services, and Education and Related Agencies issued last November.

Murray's office declined to comment Tuesday, but his attorney, Michael O. McKown, sent out a letter lashing The Tribune for what he said was "false and malicious reporting."

A Tribune story published Tuesday reporting the subpoena "is false in that Mr. Murray has not received a subpoena to testify, and has, in fact, been told that he will not be asked for testimony at that [Thursday] hearing," McÂKown's letter said.

Tuesday night, more than two hours after the original letter went out by e-mail to numerous news media organizations, the attorney tried to issue a "recall" on the e-mail.

News that the testimony had been postponed came in a letter dated Tuesday from Harkin and Specter addressed to attorney Barry Levine. "The subpoena issued on November 16, 2007, for Mr. Murray's testimony is hereby continued pending further notice from the Subcommittee," said the letter. "Please advise Mr. Murray that he need not appear on April 10, 2008, but that he remains under subpoena."

Ed Havas, an attorney who represents the families of the original six miners killed in the initial collapse at the mine, one of the rescuers who died as well as a few of those injured during the second cave in, had been looking forward to hearing what Murray would have said.

"We're disappointed that it's postponed yet again," Havas said, "and that he hasn't stepped up to answer the many questions that exist."

Sen. Orrin Hatch, R-Utah, also said it is important that Murray eventually testify before Congress, although he said it is up to Murray whether he will invoke his Fifth Amendment right against self-incrimination.

"I think it's ultimately important that he does testify if he wants to make the case that they did nothing wrong here. Let's face it, there is a need to have a complete disclosure of what was done, what should have been done and so forth," said Hatch.

tburr@sltrib.com