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Robyn Gardner Suspect Gary Giordano To Walk and Disappear From Aruba

11/26/2011 05:50 PM ET

Robyn Gardner - The only suspect in the disappearance of Robyn Gardner, who went missing in Aruba during a weeklong trip last August, will be a free man by Tuesday, according to one of his attorneys.

Gary Giordano’s lawyer, Jose Baez, told ABC News that Giordano would be freed Tuesday night at 8 p.m. and could be home as early as Wednesday.

“Gary had a chance to speak, and the judge listened to him,” Baez said. “He made a heartfelt plea — explained the situation.”

Giordano had spent more than 100 days in jail on the island after an Aruban judge threw out the prosecutors’ request to keep Giordano detained without charge for another 30 days.

“Justice delayed is justice denied,” Baez said.

Prosecutors admitted that they had no body, no murder weapon and no solid motive. But over the past few months, they believed they had accumulated enough circumstantial evidence to keep Giordano jailed for a while.

The judge thought differently.

During today’s short proceeding, Giordano was allowed to explain his situation, according to Baez, who also defended Casey Anthony.

“It doesn’t even pass the laugh test,” Baez said today on “Good Morning America.” “You’re going to say a person goes to an island he has never been to before and doesn’t leave a trace of a crime. I don’t buy it. I don’t buy it.”

Taco Stein, Aruba’s solicitor general, said he was “extremely surprised” the judge decided against extending Giordano’s detention. He told ABC News he’d filed an appeal to Aruba’s high court this morning, triggering a scramble to convince the island’s three-judge panel to convene before Giordano is freed Tuesday night. They typically convene once a week, on Wednesdays.

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