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Anna Nicole's True Baby Daddy; Drug Use Alleged

11/2/2006 8:06 PM PST BY TMZ STAFF

The real father of Anna Nicole's baby has been unmasked, and Anna Nicole's drug use exposed, according to a sworn declaration obtained by TMZ.

In sealed court documents filed Thursday in Los Angeles County Superior Court, Laurie Payne, a woman who spent considerable time with Anna Nicole during her pregnancy, claims that the former Playboy Playmate confessed to her in phone calls and instant messages that Larry Birkhead is the father of her baby girl.

In her declaration, Payne, who signed the document under penalty of perjury, adds that Smith told her that, prior to her pregnancy with Dannielynn, she miscarried an unborn baby, also fathered by Birkhead.

"... you've been around my mother for 12 years and haven't had any p*ssy either."
--Daniel Smith to Howard K. Stern

Payne alleges in her declaration that Anna Nicole was taking methadone and Xanax in May, 2006, during her pregnancy. She says that she actually administered pills to Smith from a bottle marked "Methadone" and that she "personally observed" Smith taking "a rather high dose of Xanax" around the same time. Smith's son Daniel is believed to have had a lethal combination of methadone, in addition to prescription anti-depressants in his system when he died Sept. 10.

Payne, who lives in Myrtle Beach, SC, says that she met Smith in July, 2005 in the Florida Keys, where they spent "several days" with their mutual friend, South Carolina real estate developer G. Ben Thompson. Payne adds that she also spent considerable time with Smith in Myrtle Beach and in the Florida Keys in November and December 2005, and from May-July 2006.

In an e-mail Smith sent to Payne, which is attached to Payne's declaration, Anna Nicole seems to say she had sex a total of three times with only two people during the time of conception: "well one of two people once in dec and twice in do the math but I hear someone cant do what has been done." TMZ has confirmed Thompson told Anna Nicole last May that he couldn't be the father because he had a vasectomy, thus the comment, "someone cant do what has been done."

As for Howard K. Stern, Smith's lawyer who is listed as the baby's father on her birth certificate, Payne says Anna Nicole Smith herself said he wasn't the father. Payne says in her declaration: "I asked her why she did not just go into a relationship with Stern, to which (Anna Nicole) responded, 'EWWW...GROSS!!! No way!! I would never!'"

According to the declaration, during Christmas, 2005, Stern began to tease Anna Nicole's son Daniel "about being a 19-year-old virgin." Payne says, "....Daniel looked at Stern and stated, 'I don't know why you're worried about me, you've been around my mother for 12 years and haven't had any p*ssy either."

As for Larry Birkhead, Payne claims in the declaration that he and Anna Nicole had a "love hate relationship" and she would refer to Mr. Birkhead as, "the a**hole" in our discussions about this fact." In the e-mail, Smith is on a rant against a person who appears to be the Kentucky-bred Birkhead: "I just want to be happy and that lil f..k wont leave me alone and treats me like s..t in front of his friends it has always been them over me, when hes in Kentucky...."

Smith indicates in the e-mail that she's hard up for money: "I cant work now so im pretty much f....d for a bit!.....sure counting on the court to give me my money....cause all I want to do is move from this house and get a better one and just star over!....and to boot Ive gained 30 pounds im horrified.!"


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Notice in the recent Associated Press article about Anna getting the electricity turned back on (temporarily, until the judge rules that she does NOT own the Horizons home), that Anna’s Bahamian attorney Wayne Munroe stated AGAIN that Anna “is house hunting”.

Anna cannot produce a sales RECEIPT showing that SHE paid anybody for the Horizons home, and cannot produce a “GIFT” receipt for it either. The conveyance document that Howard alludes to is an INcomplete document that was never officially stamped and filed at the courthouse because Anna never paid Ben Thompson like she promised.

WHY is Anna “house hunting” if she is so certain that she already owns the Horizon home that Ben Thompson wants her out of?????? How many houses does she need to own in the Bahamas????

If they are “house hunting” as backup Plan B, when the judge rules that she does NOT own the Horizons home, that speaks volumes about the attorney’s LACK of confidence in the case he is trying to weasel through the Bahamian court system. It says loud and clear that he KNOWS Anna does NOT own the Horizons home, and NEEDS to find another Bahamian home.

The Associated Press
Nov 23, 2006 9:58 AM
Anna Nicole Smith partner says order blocks power cuts at Bahamas home
Both parties have filed lawsuits for the Supreme Court to declare who owns the house. Anna Nicole Smith has also been house-hunting in the Bahamas, Munroe said.

Anna’s Bahamian attorney got the power turned back on TEMPORARILY, until the home ownership case is heard and ruled on by a judge ….. but if the utility companies were FORCED to turn the utilities back on …. And Anna and Howard are STILL NOT paying their bills ….. does that mean the Bahamian utility companies are being forced to provide FREE utilities? The utility companies should SUE Anna and Howard to get their services paid for, like every other human being has to do.

I believe Cyril Wecht, the pathologist, is going to have to SUE Anna to get paid, along with the hospital and funeral home SUING to get paid. Anna said in her own words, she “has NO MONEY in the Bahamas”.

Michael Scott, the attorney that quit on Anna, is probably going to have to SUE his former client also, to get paid for his services

More intelligent commenting on the other TMZ Anna Nicole comment blogs:
“Cops Have More Questions for Howard….”
“Slapped with Fraud Suit”
“Anna in the Dark…”
“The Lights Aren’t On….”
“Commit Birth Fraud?”

2887 days ago


You can go to the TMZ main page, look on the left side columns, and under “Hot Celebs” you will see Anna Nicole Smith (31), click on that name, and it will pull up all the TMZ articles about ANS.

Also go to the site and type in "Anna Nicole Smith" in the SEARCH box on the top right corner, and it will bring up all of the ANS articles. Be sure to read the COMMENTS at the bottoms of the articles.

2887 days ago


Howard k. Stern is the biggest a_ _ h_ _ _e EVER! Lawyer my butt. He should be disbarded, JUST BECAUSE!! And, Anna, if anyone should have their child taken away from them, it should most definitely be YOU! You were an unfit mother to your son, hence his unfortunate death at such a young age, and you are unfit to raise your daughter. You are a money-hungry tramp who isn't even embarrassed about all the negative media attention your getting, about your pitiful life. We all know you must be reading the posts on the internet about you, can you honestly see past all the things the public says about, AND NOT CHANGE A DAMN THING?! Your a sorry excuse for a woman, mother and human being. Anyone who can give you any sympathy at all, is naive and plan dumb! You don't deserve any respect whatsoever, and that moron lawyer/leech, deserves even less for covering up your disgraceful behavior, on a regular basis! Do us all a favor and disappear, so we don't have to be subjected to turning on our TVs and computers, only to have to read crap about you! You think your sons death (which the way I see it, you should be punished for), would cause you to change your ways, but not even that did it. How dare you call yourself a mother. Your an insult to mothers everywhere. What's more unfortunate is that if your son could have gotten away from you, he probably would have turned out ok. He seemed like a decent boy, and YOU runied his life. I hope your end befits the way you lived your life!

2881 days ago


The the hospital should of drug tested her new born for trace of drugs. How could she do drugs during her pregancy how awful.. She sure does not need that sweet baby girl. Her sons death is so shaddy who knows.. Maybe she saw more dollar signs with pictures, etc. She sold her whole delivery to the Magazines, who knows what she had up her sleeve. Its a shame she can't live like common folk from Mexia, money is what got her into this messy life she leads. You know when you wipe that face clean, boy its scary what is under all that make-up. Her skin is awful and that bleached fake hair. I think its time she goes deep down under with her life and try to give that little girl some kinda of a life. Instead of selling all these photos of her, I guess she will try to make her a child actor.. Anna get a grip you are not worthy of that baby.

2881 days ago


Visit the Anna Nicole TMZ site - "Court Orders Anna Nicole to Scram" for the most recent debate comments.

2878 days ago


She's making millions off her interviews so we all know that she's not hard up for money. I am so sick of that gold digging ho, for God's sake she married the crypt keeper. He probably wasn't getting any either and if he did it would of probably killed him!!! As for Howard Stern I don't know where he got his law degree but it should be revoked.

2871 days ago


the babys father is that guy birkhead, for sure!

2910 days ago



2910 days ago

I Am The Real Bella    

LMFAO.. And the plot thickens for Anna Nicole. Who else is gonna jump outta the woodwork and claim some tittalating tidbits of new info about this saga?)W#(!!!

I personally wish that the earth would open up and swallow up this messed up excuse of a human being and take that sorry excuse of a "COMPANION" or "SO-CALLED HUSBAND" Howard K. Stern and close back up so no one can ever hear of their sorry drama butts again.

It's getting old. Too bad about Daniel and sorry for the wee lil one but enough is enough already.. SSHHHHEEEESSSSHHHHHH!!!!!!

2910 days ago

jane doe    

As if we didn't already know this. You can hide behind the lies for so long, before something comes out.

I can't believe Howard was ragging on Daniel for being a virgin! I really feel bad for Daniel, he must have had a rough life.

2909 days ago

They about to get paid!!!!!!!!!!!!!!!!!!!!!!!!!    

shes a hoe,baby mama drams.howard should take the kid

2909 days ago


ANS needs psychological help immediately. I sympathize with her regarding the loss of her son, but geez! She has made a debacle out of her life through her own choices. Before she does psychological harm to her new daughter, I am hoping she gets the help she needs.

2909 days ago



2909 days ago


Well, having Ms. Payne's DECLARATION still ISN'T GOOD ENOUGH, especially in a court of law. Ms. Payne's declaration is probably worth less that the paper it was recorded on! What's needed in this situation is a GOOD OL' FASHION DNA TEST to settle the matter, and the sooner the better!! How would Anna even know who the real father is anyway if she was doped up when she conceived and during some of her pregnancy? What nonsense!! Declaration my ass!

As TMZ readers, I know we want real answers that can only come from a DNA test. But how's Birkhead progressing with that? Anyone know of anything as of late?

2909 days ago

car videos    

she needs to stay away from illegal drugs...

2909 days ago
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