The Maryland man who has been held in Aruba since his traveling companion vanished is scheduled to walk out of jail Tuesday evening.
Gary Giordano, 50, of Gaithersburg, Md., has been jailed nearly four months in connection with the disappearance of Robyn Gardner, 35, of Frederick, Md.
Giordano told authorities that Gardner was swept out to sea when they went snorkeling in August.
He was arrested three days after he alerted authorities. During that time, he tried to cash in on a $1.5 million life insurance policy he'd taken out against Gardner.
Despite extensive searches and a reenactment, authorities have not found Gardner's body, or any physical evidence linking Giordano directly to her assumed death.
Last week a judge ruled there was not sufficient evidence to hold Giordano, who has not officially been charged with anything. Giordano is scheduled to be released from jail Tuesday evening around 5 p.m. local time.
"When I asked [Giordano] how he felt, he started to cry. The tears of joy of an innocent man," Chris Lejuez, Giordano's Aruban lawyer, told NBC's Jeff Rossen.
Prosecutors had hoped to appeal the judge's decision before Giordano's release, but the appeals court will not hear arguments until Wednesday morning. That gives Giordano roughly 18 hours and the ability to possibly return to his home in the Washington region.
Aruba's solicitor general, Taco Stein, said he still believes Giordano is lying about what really happened, and said his office will continue its investigation.
Stein said if they do win their appeal on Wednesday or if they uncover new evidence, his office will file a new arrest warrant to have Giordano extradited back to Aruba.