Giordano's attorney Michael Lopez plans to file the appeal by Monday, the Associated Press reported. An Aruban judge ordered that Giordano's stay in jail be extended on Wednesday.
Giordano, 50, has been in jail in Aruba for a month. He has yet to be charged with a crime. Giordano was last seen with the missing Maryland woman on Aug. 2 at a restaurant. Giordano claims the two went snorkeling and she got swept out to sea.
If Giordano is forced to stay in jail, his time behind bars will be more comfortable than his first month. Giordano has a telephone, email, media and TV privileges. While he'll have no visitors, he is allowed two phone calls a day. It's a far cry from the unlimited use of his personal cell phone before he was arrested. His outgoing message still sounds upbeat.
"Hi. Sorry I missed your call. This is Gary …. Leave me a message and I'll get right back to you. Thanks," Giordano says in his voicemail message.
Giordano May Have Taken Out Insurance Policies on Several Women
Giordano's appeal will go before a three judge panel. In the meantime, a source told ABC News that FBI investigators working the case in the United States are struggling to get information from the Aruban authorities. The source said the FBI is considering enlisting the help of international diplomatic channels to try to increase the cooperation of Aruban authorities.
A source told ABC News that while the focus of the Aruban investigation is on the missing woman, the focus of the FBI investigation is on the insurance policy that Giordano took out on the 35-year-old Gardner. In the day's after she disappeared, Giordano reportedly tried to cash in on a $1.5 million insurance policy.
The source also told ABC News that there may have been several other women that Giordano took away on trips and for whom he also purchased insurance.