The lawyers for Gary Giordano have demanded that he be released from an Aruban jail immediately, RadarOnline.com has learned.
The prime suspect in the murder of missing Maryland woman Robyn Gardner, Giordano has been held since his arrest on August 5, but has not yet been charged with a crime.
Giordano’s attorney Michael Lopez filed a petition on Monday at the Court of First Instance of Aruba, “in which the Judge of Instruction was requested to set client G.Giordano immediately free from his detention or at least to postpone his detention until eventual sentence against him has been passed after trial,” the firm Lopez Law informed RadarOnline.com in an e-mail.
The legal request comes a week after Aruban authorities brought in cadaver dogs to search for the 35-year-old missing woman’s body.
As RadarOnline.com previously reported, investigators chose the area near Baby Beach to focus the sniffer dog search based on information gathered after a reenactment of the events leading up to Gardner’s disappearance on August 2.
Jose Baez, the high profile defense attorney got Casey Anthony released, is now in Aruba assisting Lopez and voiced his disagreement at the introduction of dogs so late in the investigation.
“I think it’s grossly incompetent for cadaver dogs two plus months after the fact,” Jose Baez told ABC News last week. “Whatever scent of decomposition they expected to find is long gone.”
“It’s unfortunate what’s happening to him and it angers me, which is why I got involved,” Baez went on to say.
In August, a last month a three-judge panel in Aruba rejected Giordano’s appeal to have his 60 day detention repealed and ordered that he remain in jail until the end of this month while the police build their case against him.
Giordano can be legally held for questioning until October 31, at which time he could be allowed to go back to the United States, unless a judge decides there is evidence produced to continue to keep him there.
While no body has yet been found, authorities say Gardner is presumed dead.