Gary Giordano Says 'Swimming Story was True'

He had never been formally charged with a crime in Gardner's disappearance, but had been held for nearly four months as a suspect while Aruban prosecutors continued to investigate the case.

Gardner, 35, disappeared Aug. 2, at the beginning of a week-long vacation with Giordano, whom she met on a swinger's website. Giordano, 50, told police that the pair went snorkeling around 6 p.m., and when he turned around, Gardner was gone, swept out to sea. Prosecutors have said they don't believe Giordano's story but have not found Gardner's body, a weapon, or a motive for her murder.

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Baez said his client will return to Aruba if ordered to by authorities. Prosecutors said they will seek his extradition if they can bring formal charges against Giordano.

In his first moments after being released, Giordano allowed ABC News to witness his first phone calls to his three children, and his gratefulness to his attorneys.

"You know, it was almost a surreal moment for him," Baez told ABC News. "He had to keep pinching himself. He had been lied to so many times by the authorities here. The last time at the airport he was told he could leave, and then all of a sudden he was picked up and arrested? It's hard for him to believe he's going home."

Baez said that Giordano will focus in the coming weeks on "reassembling his life."

"He's starting to just get his life back together again. I know what he plans on doing is immediately spending time with his kids. That's most important thing to Gary, and with his family, to thank family for their support," Baez said.