Prosecutor appeals Giordano's scheduled release from Aruban jail

Giordano has been held in Aruba since Aug. 5. (Photo: Aruban police)

ORANJESTAD, Aruba (AP) - A prosecutor in Aruba says he has appealed a judge's decision to set free a U.S. businessman who is suspected in the disappearance and presumed death of his traveling companion.

If the appeal is denied, Gary Giordano will have to be released from jail next week, and will be free to leave the island. He's spent nearly four months in custody as investigators look for more time to gather and evaluate evidence in the death of Robyn Gardner. She and Giordano are both from Maryland.

He maintains that Gardner was swept out to see while snorkeling in early August.

Prosecutor Taco Stein says today's decision is a "setback." He says Giordano is "still a flight risk" and that the investigation continues.

The prosecutor says investigators need more time to analyze information from his laptop and his iPad. If Giordano is set free and leaves Aruba, and a judge later finds enough evidence to order him to be rearrested, the prosecutor says he would request his extradition from the U.S.

Gary Giordano to be released from Aruban jail

Gary Giordano, the main suspect in the disappearance of Robyn Gardner in Aruba several months ago, will been released from an Aruban jail early next week, ABC News reports.

ABC News confirms that an Aruban judge on Friday threw out a request from the prosecution to keep Giordano detained without charges for another 30 days. His detention was last extended by 30 days on Oct. 28.

Prosecutors admitted in that hearing that they had no body, no murder weapon and no solid motive, but that they had felt over the past few months they had gathered enough circumstantial evidence to keep Giordano detained.

Giordano, 50, has been detained on the Caribbean island since Aug. 5. He is the main suspect in the disappearance of Gardner, who went missing while the two traveled together in Aruba this past summer.

On the "Help Find Robyn Gardner" Facebook page, a message was posted lamenting Giordano's impending release.

"'s true. Not much to say, but let's all hope and pray that the US authorities have something to charge him with here," the post reads. "We are not giving up on Robyn."

Attorneys for Giordano say that their client will be a free man by Tuesday and home in Maryland by Wednesday after over 100 days on the island. Attorneys say that he made a plea for his freedom to the judge during the hearing.

No trace of Gardner, a Bethesda resident, has been found in the past several months.

{ }