Anna Nicole's True Baby Daddy; Drug Use Alleged

Posted Nov 2nd 2006 6:06PM 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 jan............you 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.!"

Filed under: Train Wrecks, Celebrity Feuds, Anna Nicole Smith

Comments [212]

Digg it Del.icio.us My Yahoo Sphere RSS MySpace Permalink Email

Reader Comments

(Page 1 of 15) | 1 | 2 | 3 | 4 | 5 | Most Recent | Next 15 Comments

1. SHE MAKES ME S I C K .

Posted at 5:09PM on Nov 2nd 2006 by Kelly

2. 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!!!!!!

Posted at 5:14PM on Nov 2nd 2006 by Bella

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

Posted at 5:30PM on Nov 2nd 2006 by Anna Had sex with her son

4. 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.

Posted at 5:33PM on Nov 2nd 2006 by jennifer

5. FRIGGIN SKANK.

Posted at 5:37PM on Nov 2nd 2006 by whatevuh

6. 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?

Posted at 5:42PM on Nov 2nd 2006 by Lulu

7. she needs to stay away from illegal drugs...

Posted at 5:50PM on Nov 2nd 2006 by car videos

8. Now is the time when ANS needs to come forward and admitt what she has done. Maybe the truth will help her save face a little. The longer she hides the truth the worse it looks for her. I pray for that lillte baby daily.

Posted at 5:51PM on Nov 2nd 2006 by Brandi C.

9. At least we got a declaration and some email evidence that makes her sound more like the liar we all KNEW she was and Larry more like the Father we KNEW he was. I'm sure he isn't the best guy in the world but when your standing next to her you can't help but shine can you?She is really fucked now. Dumb Ass. And it does look like she colored or did something to that baby's hair. Cause the baby was blonde a couple weeks ago. And it doesn't go PITCH BLACK that fast. ha ha She is a lunatic. I LOVE the comment Daniel made. I KNEW she wasn't given Howard any. YOU GO ANNA. Not given his nasty ass any punany. ha ha We all knew she was on Methadone. Howard probably is too. One of them accidentally gave him the pill. He died. Give LARRY the baby before she is old enough to crawl into her mothers stash and this same horrible tragedy happens again. She must be taking more than ever to deal with accidentally killing her first child.

Posted at 5:52PM on Nov 2nd 2006 by Used to Love her

10. Anna, how can you honestly sleep at night. Oh yeah, you use drugs for that. You have literally ruined your life and everyone else's that's close to you. You WILL pay for what you've done you know.

Posted at 5:53PM on Nov 2nd 2006 by PITA

11. So Anna is screwed up, sh*t, look at her life and look at the white trash family she came from, I'd be screwed up too. No matter what anyone says.. she loved Daniel and to even imply that she did not love that boy is wrong and their is no doubt that she loves her daughter and if anything seeing her son die and knowing that she needs to get it together if she is going to be a good mother to her daughter.. maybe that will be what it takes to clean up her act... I think if her daughter is taken from her.. she'll kill herself. If you have never lost a child.. you don't know what this woman is going through, my husbands sis lost her son when he was 17 and she had to be heavily medicated for several months after his death so she would not harm herself.. she was so depressed she did not want to go on and when we visited her she seemed very "out" of it and slurred her words, etc. and that was from being medicated.. so don't judge Anna, yeah, she has made some serious mistakes but I don't doubt that she loved Daniel and I don't doubt that she really loves her baby..give her some time and leave her the hell alone.. geesh, if I was being harrased 24/7 I would act like a nut too, give her a year without the freakin press at her door, let her mourn her son and get herself together... leave her alone!

Posted at 6:02PM on Nov 2nd 2006 by Sasha

12. Innocent until PROVEN guilty used to be the way our justice system worked. Seems like these days, it's guilty until proven innocent along with extremely circumstantial evidence. I'll give her the benefit of the doubt before I go accusing her or anyone else for that matter, of ANYTHING, period.

I know people who use both methadone and xanaax and it does not make them bad people. I also know better than to make judgements of people whom I do not even know, personally. It would be a better world if everyone else did the same.

For now, I guess we'll have to sit back and see if our justice system works properly or not in this case. - The Duke

Posted at 6:04PM on Nov 2nd 2006 by The Duke

13. Train wreck doesn't even cover it... I am dumber everytime someone in news reports on this drugged out walking disaster... it would be sad except every single person in this hell is looking for money.... please do us all a favor and go away... and take your toxic, scumball leech of a lawyer with you....

Posted at 6:09PM on Nov 2nd 2006 by over it....

14. She should thank God her daughter is normal taking xanax while pregnant is pretty well known to cause birth defects

Posted at 6:12PM on Nov 2nd 2006 by Jennifer

15. So heres what happened , and i suspected it like most of you all the time , ANS is a drugged out Crackwhore who hangs around a drugged out Mediawhore lawyer . The are partying with her son who everyone says never took drugs so of course they are supplying them to him .....HE DIES . In a crazy Crackhead type Cover-up they make-up a story and quickly bury the boy . To bad nobody believes the story . TO BAD THIS BOY HAD TO DIE ! I hope she is sent to jail so she can feel what it is really like to be someones bitch like she turned her son into ...... And ANUSGUY.com is there some way to get you to STFU !!!

Posted at 6:14PM on Nov 2nd 2006 by Down on it

| 1 | 2 | 3 | 4 | 5 | Most Recent | Next 15 Comments