Gary Giordano, suspect in Robyn Gardner's disappearance in Aruba, heading to NYC

FILE - In this file photo provided Thursday Aug. 11, 2011 by Aruba police, U.S. citizen Gary V. Giordano, 50, of Gaithersburg, Maryland is shown in an Aruba police mugshot in Oranjestad, Aruba. Giordano, detained in Aruba in the presumed death of his travel partner Robyn Gardner, had an accidental-death insurance policy on her for $1.5 million and sought to claim the money two days after reporting her missing, a person who provided information to the investigation has told The Associated Press. (AP Photo/Aruba Police, File)
Gary V. Giordano
AP Photo/Aruba Police, File

(CBS/AP) MIAMI - Gary Giordano, the Maryland businessman suspected in the August disappearance and presumed death of his traveling companion Robyn Gardner in Aruba, is back in the U.S. and heading to New York's John F. Kennedy International Airport.

Pictures: Robyn Gardner

Giordano arrived in Miami Wednesday morning from the Caribbean island. A short time later he boarded a flight to New York, accompanied by attorney Jose Baez, who won an acquittal for Florida mother Casey Anthony in her murder trial earlier this year.

Giordano, who has denied any wrongdoing in Gardner's disappearance, was released from an Aruban jail Tuesday after a judge ruled authorities lacked enough evidence to continue holding him. Prosecutors have appealed and expected a ruling Wednesday.

Giordano first drew suspicion with what investigators felt were inconsistencies in his account of Gardner's disappearance. Later, they learned he had taken out a $1.5 million accidental death policy on her, which the solicitor general in Aruba said was viewed as a possible motive.

The Maryland man has said that the 35-year-old Gardner was swept out to sea while they were snorkeling in the late afternoon Aug. 2 off the southern tip of Aruba. Her friends and family say it was unlikely she would have gone snorkeling in the first place.

Complete coverage of the Robyn Gardner case on Crimesider