he is suing over an insurance policy that giordano took out on gardner for their trip. >> reporter: giordano said he paid the premiums. now, it's time for the insurance company to pay up. in an effort to make them do just that, late last week, he filed a lawsuit against the company, for failing to pay him the death benefit he deserves. the latest legal battle for gary giordano is not as a suspect in the disappearance of his travel companion, robyn gardner, but a $3.5 million lawsuit insurance plan he took out on her when she was visiting aruba with him. two days later, he called to inquire about that policy. and the morning after he was released from custody in aruba, he tried to explain his rationale on "gma." >> that's a wonderful question. i understand that. my lawyer, at the time, he had -- he told me and said, you need to call insurance immediately. >> reporter: but an american express employee he spoke to, said giordano sounded excited, like he was about to win something. although the policy was for $1.5 million, giordano is suing for more than twice that. he said the accidental death

gary giordano has been charged with exposure when police found him cuddling naked with a woman in a car in a parking garage. >>> only the fourth person ever to survive going on niagra falls without protective gear. he climbed over a retaining wall and was swept over the falls. he suffered broken ribs and a lung. >>> the space station blasted off early this morning. the unmanned rocket is delivering supplies to astronauts in the space station. i know you're a space geek so that's for you. >> thanks. >>> disturbing video of treatment still being used at a massachusetts center. shows a former student, autistic young man strapped down being shocked with electrodes. what does the school say? we're joining on why the school's fought to keep this video from not being seen. next. never heard of it. well, that's what we're doing today. car insurance x has been perfected over the past 75 years. it's tasty. our second car insurance... they've not been around very long. mmmm... no good! no good? no good! so you chose geico over the other. whatever this insurance is, it's no good. ok so you... >>> a

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very difficult. >> gary giordano, appearing live on "gma" this morning. thank you very much for time. and jose baez his attorney. thank you both once again. >>> we're going to switch gears and check the forecast with our meteorologist ginger zee. ginger, over to you. >> good morning, dan, good morning, everyone. dallas needed rain and they got just about an inch, under an inch overnight. that rain stretches all of the way up to detroit, who doesn't need any rain. and a lot of places in between don't. flood watches covering 11 states as i mentioned earlier. that same system is going to move slowly off to the north and east. bringing more flooding to the region. back to the west, from there, that frigid air is going to settle in. in the northeast, we're protected from it. a couple more days of above-average temperatures. look at the high in philly by tuesday, 62. that is the big picture.her rep >> this weather report has been brought to you by united health care. >> ginger, thank you. >>> coming up on "good morning america" -- donald trump is back in the he

what did you think when you were watching gary giordano yesterday? >> he's the last person i want to see on camera. i think i speak for everybody, that nobody really wants to see him or hear him. other than we would like to hear some details of what happened. >> don't want to hear the story? >> we do. don't want to hear his voice. but we do want to hear his story. but he doesn't seem to be too forthcoming with the story, from what i saw yesterday. >> what did you make of what he was saying yesterday? his argument was, i didn't see them exercise on the surveillance tape because no one was there. there was no one to shout to. he said he called for the insurance claim on the advice of an attorney. >> yeah. there's a whole lot of things he said that i have a lot of questions about yesterday. he also talked about, he's given his side of the story, 50, 60 times. why not give it again? give it to us one more time. let the people in the country and the world know what happened. >> what's the big question you want answered? >> where's robyn? where is she? you

gary giordano, along with his attorney, jose baez. thank you for coming in here. i know your sons are behind you. you've been with them since last night. reunited with them. this is an opportunity just to ask you some questions in a people have had because some things don't add up in their minds. so, let's start from the beginning. what happened august 2nd, that day with robyn gardner? >> well, i've been interviewed for four months, taken back and forth to my prison cell in prison. with the murderers and all the worst people in aruba. and i've been interviewed and interrogated by the best dutch investigators. i've answered that question 50, 60 times. i'm not prepared to, at this point, go from the moment of that day to the end of the day. i'm just not going to do that. i'll answer specific questions you have. but i'm not going to sit here and answer something i've answered repeatedly. >> questions about that day? >> yeah. >> people are asking, that day, there are many accounts that you all had been drinking heavily. >> i've never hear

gary giordano's a free man. and i think even the solicitor general who has been somewhat of an obstructionist throughout this process has admitted that gary is free to go. there's no evidence against him. his detainment is dropped. so, he should be free to board the plane and not have any issues. and it's not like we're making a fast getaway. he's a free man. >> he's been waiting four months for this moment. just describe for us his emotions the first moments of freedom. >> you know, it was almost a surreal moment for him. it was not something -- he had to keep pinching himself. he certainly couldn't believe it because he had been lied to so many times by the authorities here. the last time he came to the airport, he was told he could leave. and then, all of a sudden, he was picked up and arrested. so, throughout this entire process, he's been told one thing by the authorities. and their actions have been the complete opposite. and i think gary is a bit traumatized over that whole process. so, i think it's somew

. >> gary giordano the american held almost four months in aruba is a free man tonight. he was arrested in connection with the disappearance of robyn gardner but was never charged with a crime. will police be able to solve the case now that their prime suspect is headed back to the u.s.? that have more when "360" continues. that's why i take doctor recommended colace capsules. i have hemorrhoids and yes, i have constipation. that's why i take colace. [ male announcer ] for occasional constipation associated with certain medical conditions there's colace capsules. colace softens the stool and helps eliminate the need to strain. stimulant-free, comfortable relief. no wonder colace is the #1 stool softener brand recommended by doctors. say "yes" to colace! [ male announcer ] go to colacecapsules.com for savings. but my nose is still runny. [ male announcer ] truth is, dayquil doesn't treat that. really? [ male announcer ] alka-seltzer plus fights your worst cold symptoms, plus it relieves your runny nose. [ deep breath] awesome. [ male announcer ] yes, it is. that's the col

. >> gary giordano the american held almost four months in aruba is a free man tonight. he was arrested in connection with the disappearance of robyn gardner but was never charged with a crime. will police be able to solve the case now that their prime suspect is headed back to the u.s.? that have more when "360" continues. when you have tough pain, do you want fast relief? try bayer advanced aspirin. it's not the bayer aspirin you know. it's different. first, it's been re-engineered with micro-particles. second, it enters the bloodstream fast, and rushes relief to the site of your tough pain. the best part? it's proven to relieve pain twice as fast as before. bayer advanced aspirin. test how fast it works for you. love it, or get your money back. tdd# 1-800-345-2550 let's talk about making sense out of tdd# 1-800-345-2550 what's happening right now. tdd# 1-800-345-2550 tdd# 1-800-345-2550 at charles schwab, we're ready with objective insights about tdd# 1-800-345-2550 the current market and economic conditions. tdd# 1-800-345-2550 and we can help turn those insights int

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giordano will leave the prison before 5:00 p.m. his personal items returned. >> it will be as simple as him walking out and driving away. >> reporter: jose baez, who spear-headed casey anthony's acquittal last summer, again, with a controversial suspect. abc news says he will try to scramble out of the country the next morning, before an a11:00 a.m. appeals hearing that could overturn a judge's decision to free giordano. >> you throw in the circumstances of how robyn disappeared. and you throw in the fact that gary is an american. and it creates a recipe for disaster. one that has kept him locked up for four months in prison, uncharged. >> reporter: now, an investigation already without a body, a murder weapon or a clear motive, loses its only suspect. for four months, investigators grilled jegiordano on what they called his suspicious response for gardner's disappearance. almost casually knocking on the doors. and then, there's the $1.5 million travel insurance policy he purchased for gardner the day before they traveled, names hi

giordano goes free tomorrow. he'll be dogged by an fbi investigation, a possible federal indictment. this morning, the "gma" has learn that gary giordano has been cleared to leave jail and leave the island tomorrow morning. >> it's a setback, of course. it's part of the game of course. >> reporter: one that's not quite over. authorities tell us they may still find the kind of incriminating evidence that has allude eluded them so far. an investigation without a body a murder weapon or a clear motive is now losing its only suspect. >> this investigation is still going on. not only because we think the justice system has to do that. there's the relatives of robyn in the united states. they're left without clues, without answers on what has happened to their loved one. >> reporter: a self-described swinger, giordano said he took robyn gardner to aruba for fun. they partied when they arrived. the next day, they're strolling on the beach. day later, between 4:00 and 6:00 p.m. at the same beach, gardener vanished. giord

and giordano's legal problems are not over, either. he faces a possible grand jury indictment in maryland and continued scrutiny. >> it can potentially help them. i always want to keep people on the street, assuming there's no safety issues because they will make mistakes. they'll make telephone calls. they'll send e-mails. they'll talk to a friend. it's much more difficult for them to do that in jail. >> reporter: dan, there is a chance that appeals court you mentioned earlier could convene before tuesday and decide to keep giordano on the island for another 30 days. or that investigators finally find that piece of key, hard evidence that's eluded them, a murder weapon or a body, and decide to try to extradite him when he gets home to maryland. >> stressful hours for the prosecutors. matt, let me ask you about the grand jury in maryland you mentioned. any sense of what the charges would be? >> reporter: well, it's sealed for now. we have a sense that it probably will have something to do with insurance fraud. like investigators in aru

there's little chance that gary giordano will be free today. we're told that the judge is probably going to keep him detained without charges for another 30 days. but giordano's attorneys are on the offensive, insisting their client is innocent, that the police have been playing dirty tricks and that investigators have really no hard evidence. this morning, aruban authorities tell "gma" that for the sixth time, they'll ask the judge to keep the only suspect in robyn gardner's disappearance locked up. suspected of murder, gary giordano, now jailed for over 100 days, is considered a flight risk. jose baez, renowned for spear-heading casey anthony's acquittal last summer, and chris lejuez, are interested in two men. they are speaking exclusively to "gma." they feel that investigators are unable to build a case, even with "gma" confirmation, that blood found at this beach, where the two were spotted together, was, in fact, gardner's. they tell "gma," he could just as easily be a free man, if it were not for a few phone calls. >> you think he would

gary giordano has been in jail for nearly three months as investigators gather evidence into the disappearance of his traveling companion. >>> and basketball fans will have to wait until december of this year to see any games. commissioner david stern canceled all games through november, after labor talks broke down again on friday. >>> and finally call it karma or maybe just bad luck. after causing a stir on "dancing with the stars" this week, dancing pro maks chmerkovskiy has broken his toe. we have this breaking news coming in right now. he tweeted about it, maks did. but he didn't say if he would dance on monday. >> he cannot stay out of the news. all over the news. >> we'll find out monday if he can dance again. >> i did the tango with a bum toe. >> you have? >> i have. >> that's coming up. >> lara's going to be tangoing with a bad toe the next hour. you don't want to miss that. >>> time, now, for the weather and stephanie roberts from our tampa, florida, affiliate, wfts. stephanie? >> good morning. more than 60 million people are bracing for an early snowstorm. the snow spreading through

gary giordano has been in jail for 60 days. >>> and basketball fans will have to wait until december this year, possibly, for any nba games. commissioner david stern canceled all games through november, after labor talks broke down again on friday. >>> call it karma or maybe just bad luck. after causing a stir on "dancing with the stars" this week, dancing star maks chmerkovskiy has broken his toe. he tweeted about it. but didn't say if he would dance on monday. >> he's been all over the news. >> we'll find out monday if he can dance again. >> i've done the tango with a bum toe. >> you have? >> i have. that's coming up. >> lara will be tangoing with a bad toe. >>> time for the weather and stephanie roberts from our tampa affiliate, wfts. good morning, stephanie. >> good morning. more than 16 million people are bracing for an early snowstorm. we're going to see the snow spreading to the east. not a bad day to start for new york up into boston. first comes heavy rain. then, wind and snow. we're talking more in an a foot >>> to forecast today calls for a mix and a lot of snow out t in t

with her travel companion, an american guy named gary giordano. she met him online. he reported her missing and told police gardner didn't return to shore after the couple went snorkeling. he's the only suspect in the case. today, a judge ordered him to remain in jail for another 30 days while prosecutors continue to investigate. they can do that in aruba. meantime, a report in the "national enquirer" is refocusing attention on the case. the tabloid's reporting that police in aruba received an anonymous tip that gardner was buried alive in a pet cemetery near the beach where giordano said they went snorkeling. a fact check on that tabloid report and more. gary giordano is suspected of killing his girlfriend. ordered today to remain in custody. what's the significance of that? >> well, it means that the case has gotten that much more serious for gary giordano. 30 more days he's going to be held in prison down there in aruba. it also means that apparently in the minds of the judge that heard the evidence today that the prosecution is moving forward with the investigati

perhaps most troubling, a $1.5 million insurance policy, that giordano. ed for robyn gardner the day before they left for aruba. days after robyn's disappearance, giordano called american express travel four times asking about redeeming the policy. documents show that the american express person on the other end of the phone says, gary sounded excited like he won the lottery. the person was so troubled that they called the police. >> well, i think if they're going to release the transcripts, they could release the audio. then, we can hear for ourselves. >> reporter: you seem to be attracted to difficult cases. >> i look at each case as a challenge. you can't do this with passion if you don't have a sincere desire to help people. >> as for giordano, he could be held legally for questioning down there until the end of the month. but the solicitor general of the island is now telling us he plans to ask for an extension on that. authorities are not convinced that giordano is telling the whole truth about exactly what happened to robyn gardner. >> here it is m

. >>> in aruba, authorities have refused to release american gary giordano. he's being held in connection with the disappearance of his traveling companion robyn gardner who was last seen on an aruban beach on august 2nd. >>> apple is breaking sales records with the iphone 4-s. the company sold more than four million of them since it launched last friday. that's twice as many as the iphone 4 during its opening weekend last year. >>> vincent van gogh is now at the center of a murder mystery. a new book claims he may not have really committed suicide 121 years ago. instead, the authors tell "60 minutes" he may have been shot by local children and then chose to cover up their crime. just when you think you know what happened. >> i know, intriguing. time now for the shot. you're going to have to watch tomorrow's debate to see where each candidate will be standing on the stage. but i can guarantee you they will be on the stage, unlike the sketch from "saturday night live." take a look at this. >> let's go back to the janitor's closet. michele bachmann and newt gin