mr. giordano travelled several times with traveler's insurance.as part of the life insurance policy i think what happened is that aspect of the policy has been blown completely out of proportion in this case. >>> what about eyewitness testimony that seems to contradict gsh i -- giodano's equipment. >> they didn't see him with diving equipment and he came at an unlikely time. 6:30 in the evening is when he reported her missing. >> i can't tell you what he says but i ask how closely are people being watched these days? they ate and have drinks they didn't appear they were going diving at that moment. >> biaz says his complient had own equipment. claims that he doesn't appear in the water? >> there's a cast of suspicion put on someone. these people have not been examined. >> describe the relationship? >> it was a casual relationship. >> what about the bizarre point. >> unless there's something in the photos that so anything that would relate to her disappearance or death, i think that these are what two consenting adults did within the prooifr see of

mr. giordano? where was robyn gardner at because he's obviously provided a statement.u find somebody at a vehicle that happened to see them in a parking lot, saw them arguing, and more importantly, what time was that? and what direction did he or they leave that particular location? it will either match up or not with statements he's given. >> so, they can only hold him for 60 days, the police. you don't get a sense that they're grasping at straws at this p poi? >> no. this is actually being thorough. i've done this hundreds of times when you pull video surveillance tapes. go through, locate people and see what they have seen. this could be a bum lead. in other words, the person didn't see anything. but you've got to hit these little balls because, unlike what we've seen on television, on "csi," it's little clues that many times lead to solving a case. >> that's fascinating. very quickly. you have used video leads like this in the e st? >> absolutely a number of times. i've identified individuals. i've had success in murder cases, pinning people down to particular loca

mr. giordano calling the insurance company to try toollect or inquire about $1.5 million policy would be he called not to collect but only to inquire. he only called the insurance company on my instruction to notify them that something has happened here in aruba. >> reporter: these fbi files show that an amex representative said that giordano sounded excited like he was about to win something. >> i had no reason to doubt him. i mean never felt like i was in any danger. i didn't hesitate to sign him as a beneficiary. i didn't think he was going to kill me or try to collect on it. >> reporter: on wednesday it took a panel of three judges fewer than ten minutes to dismishis appeal and pack him back off to prison. was he surprised that he got another 60 days of prison? >> yes, surprised and saddened. >> reporter: is he depressed? >> i think so. >> reporter: but for robyn's family and her live-in boyfriend, his comfort matters little. >> i want him detained for as long as possible. i think he's the key to it all. >> reporter: he's been held in a bathroom-sized cell with two other men. they ca

mr. giordano was involved in it. >> reporter: so far it's a confounding mix of evidence. news reviewed a number of sworn witness statements that show robyn gardner's roommate that robyn was often covered in bruises but she refused to say where she got them but the roommate also told police she accused giordano of scary behavior in the past. just a few minines from where gary giordano is being held in the local jail here is this spot, this is the place where he says he last saw his girlfriend, robyn gardner. take a look at the rock, how jagged they are. that doesn't seem like a very unusual spot to go swimming, there is another reason that her roommate has told police she never would have gone in the water. the roommate stated robyn would avoid the water because she didn't want to ruin her hair and makeup. she has hair extensions and saltwater is really bad for extensions. in his statement to police, giordano said robyn had an appointment with her hairdresser scheduled for the day they returned. the trouble is, the roommate is the hairiresser and said nothing of the sort.

mr. giordano has traveled this year, whether it's been with robyn gardner or other individuals.d another companion he traveled with and got the same travel insurance on. so, what this covers is medical, dental, car rental and a whole slew of other things including accidental death. >> you're saying on this trip she also took out a life insurance policy or travel insurance policy on him? >> yes. the two had travel policies on each other. since gary was paying for the trip, gary was the beneficiary of robyn's policy. >> oh. that explains. he was going to get -- >> correct. so, let's say something happened with his rental car. he would have -- since he was paying for the trip, he would have to get the payout for the claim. so, that's why both of them got -- had the insurance on each other. >> okay. the next hearing is set for the end of october. are you confident the aruban authorities are going to have to set gary giordano free? >> at this point, we're not certain about anything. unfortunately, very little is coming out of the prosecution camp. all we know is that there is no evid

mr. driver, please contact authorities. they desperately want to hear from you. >> and the attorney for giordano filed an appeal last week keeping is it that he can get out? >> well, you know, if i were a betting man i would say the odds aren't high he'll be released. the reality is you probably shouldn't try to guess what three judges will do. that's what he's up against. giordano will be at the hearing at 11:00 in the morning. his attorney will say, look, there is a proof that he committed a crime. he was only a witness to a horrible accident. you can bet the prosecution will argue something different but either way the judges will make a decision on that day. they could if it goes in gary's favor rule that he go home and be free on that day, a day and a half from now. >> i want to bring in mark garagos from los angeles. laws are different there than here. do you think the police have enough to keep him in jail another 60 days? >> if it were in the u.s., no. there, they have a little bit more lax idea of what happens prefiling. so they may survive although i would not be surprised if they ordered him released. at this point, t