A Cary woman has come forward, saying she saw Nancy Cooper running the day Cooper was reported missing.

In an affidavit filed on Wednesday, Rosemary Zednick said she was walking her dog when she passed Cooper on Lochmere Drive around 7:10 a.m. July 12.

Full Coverage And Timeline: Nancy Cooper Murder
Rosemary Zednick Affidavit [pdf]

"As she ran past me, we made eye contact (I was facing Lochmere Drive). I said hi, she turned her head and said hi back to me," said Zednick. She went on to add, "I am positive that the woman I saw was Nancy Cooper."

Zednick also said she didn't know either Nancy Cooper or her husband, Brad.

The affidavit is the first publicly reported version of events that seemingly backs up Brad Cooper's explanation of what happened the day his wife was reported missing.

Zednick's statement said she gave a statement to investigators, but also accused Cary Police of not taking her seriously.

"I spoke with a detective," Zednick's statement read. "He gave me his business card and said that they would be getting back to me. I still haven't heard from them."

District Attorney Colon Willoughby told NBC17 Wednesday afternoon that investigators knew of her statement.

During a hearing Wednesday, Judge Debra Sasser quashed all three motions filed by Brad Cooper's lawyers asking for "any and all evidence" from the Cary Police Department related to his wife's murder.

His attorneys had hoped to get the evidence because of an affidavit filed by Detective George Daniels saying that Brad Cooper was uncooperative and inconsistent.

"You ask him. You subpoena him. You call him to the stand and you ask him," said Sasser, in her ruling, during which she said she wasn't comfortable ordering police to turn over evidence during an ongoing criminal investigation.

"It's almost impossible to be able to really cross examine someone without the information that they have," said defense attorney Howard Kurtz. "But we will certainly do our best."

As part of their Motion to Compel, the defense team also filed correspondence aimed at proving that Brad Cooper has cooperated with investigators.

The letters are a series of questions from police, and their answers sent through the mail; Cary Police have maintained that they wanted Cooper to come down to the police station to give a statement in person.

The temporary custody hearing that's responsible for all of these filings pits Brad Cooper against his wife's parents, Garry and Donna Rentz, and her identical twin sister, Krista Lister.

That hearing is set to start at 9 a.m. on Thursday.