NEW : Gary Giordano 's attorney says he is being detained improperly . When he reached the beach , Gardner was nowhere to be found , he allegedly said . The attorney says he told Giordano to call about the insurance policy . Comment: Giordano , 50 , was taken into custody on August 5 .
NEW : Gary Giordano 's attorney says he is being detained improperly . The attorney says he told Giordano to call about the insurance policy . Comment: Giordano , 50 , was taken into custody on August 5 .