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Anna Nicole's True Baby Daddy; Drug Use Alleged

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.!"



Reader Comments

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196. Thanks Sarah for the referral to that Bahamian news about the courts in the Bahamas! What a mess! I had to search around a little until I found the article you are referring to, "Courts Shut Down", Nov. 8, 2006, under "Bahamas Business News Headlines". The article titled "Public applauds Lyons", also pertains to this subject.

It seems the Bahamian government/judicial system is in a big mess, which "threatens to cause the temporary shut down of all Magistrates' Courts after the Supreme Court justice (Lyons) accused the Cabinet of underming the independence of the judicial system". "All magistrate's courts in the country will be shut down as of today (Nov. 8, 2006)......it would be impossible for her court to operate." .....

Now they have to wait for the Court of Appeal to hear an appeal of Justice Lyons' ruling (that the law had been broken, regarding the salary of judges). "He said he will not hear any cases until these matters are addressed."

Hmmmmm..... so, I guess the Bahamian government has more serious matters to deal with than skanky ole Anna! It looks like the fraud suit against Anna, by LB, and the suit against Ben Thompson by Anna, and the trespass suit by Ben Thompson against Anna, and the home ownership case, and the residency investigation of Anna, will NOT be dealt with until the courts get their own internal mess cleared up!

And Anna thought she was running AWAY from her problems!!!!!!!!

Posted at 10:09AM on Nov 10th 2006 by Inquiring Mind

197. Sarah, when I was looking for the article you mentioned about the Bahamian courts shutting down, I first read the article titled, "Kennedy MP In Paternity Fight". This is an article about Anna's Bahamian attorney, Munroe. This attorney says any man should not willingly comply with a DNA test to see if he is the father, and says he should not pay child support for a child that is not his own. Atty Munroe says if a man willingly takes a DNA test, he would have to find another attorney to represent him. The attorney supports a man making it as difficult as humanly possible, legally, to find out who the father of a baby is, so the father can pay child support. That seems wrong on many levels. One issue that we consider strongly in the U.S. is finding out who the father is, then making the father pay child support, so there is not another child on the welfare system that citizens and tax payers support.
Where this attorney says he does not want to make it easy on the woman (his theory is make the woman chase a man down, and legally FORCE him to take a DNA test) -- it seems to me that he is over burdening a court system, with strategies to delay, instead of agreeing to have the DNA test done, and be done with it. I think this attorney LIKES getting paid to file a lot of unnecessary paperwork in court, and he LOVES spouting off on radio and tv shows and for newspaper articles.

Posted at 10:13AM on Nov 10th 2006 by Inquiring Mind

198. Inquring Minds : I also see the artical about the paternity test for the very guy that helped her with her residency . Amazing they share the same attorny. IMO, If he is saying he does't want any of his clients to submit to a paternity test, MY guess is he won't allow ANS to allow one ither, Sad if im right. I think the real Father has a right to know and be in their baby's life also.

But as we seen ANS do with Daniel she thinks of this child as her Possession. Nobody will be allowed to be near it but her. Did you see in the ET interview where even Howard has to ask can he hold her and ANS says well ok because she said she always carries her on her chest. If Howard is the daddy as they say why should he have to ask her to hold his own child?

She says her mom opened a can of worms , Yes maybe she has only not the can of worms ANS can control. Hopefully the can of worms she opened will force them to be investigated as to where the Methadone came from and who gave it to him. This interview may all blow up in their faces. As will all the other stuff ANS is opening up herself. Blame that on MOMMY DEAREST.

Posted at 12:19AM on Nov 12th 2006 by Sarah

199. In looking ove the news in the Bahamas this morning I found this editorial that i thought was interesting. If indeed this is what they have going on over there, who knows if anything will come of a criminal case if indeed there is one . Looks like they would and might possiably get off no matter what. Due to the way its handled in their courts. Nothing like it would be here for sure IMO.

Posted at 5:05PM on Nov 12th 2006 by sarah

200. The courts in California will force the DNA test (whether Anna's Bahamian lawyer, who is against DNA tests, likes it or not) , then decide custody issues, and possibly force Anna to "share" Dannielynn with Larry Birkhead.

If Howard is the daddy ..... why does Anna say in that email to Laurie Payne, that "nobody is happy for her" (pregnancy). WHY wouldn't Howard be "happy". If Howard says his parents and his sister "knew about their hidden relationship", why wouldn't they be "happy" about their new niece and granddaughter?

Anna should have the same bold, fierce determination to find out where her son got the drugs that killed him, that Daniel's grandmother Virgie has. Anna should be glad that at least her mother has the guts to speak out and try to get some investigations done, for Daniel.

Anna has turned the Bahamian government upside down and caused world wide focus to shine on how the Bahamian government is run, and if there is shady business going on. Anna has even become an election "issue" in the Bahamian elections next year.

That is an interesting article you posted. Thanks.
It looks like only "highly publicized cases get attention" -- and Anna's IS highly publicized. The world is watching to see what the Bahamian courts will do, and they will get swift criticism if they do not handle it justly.

Anna must deal with the "FRAUD" lawsuit in the Bahamas.
We don't know if she will face future criminal charges of any kind?
They have not even had an INQUEST in the Bahamas, or published the findings of the toxicology reports on Daniel.

The Bahamian "people" are sick of Anna and wish she would go away.
These are Anna's JURORS. They probably cannot wait for her to appear in court, so they can have some control over her, and hopefully get her deported.

I think whatever is happening in the California courts will determine what Anna does regarding leaving or staying in the Bahamas.

Posted at 11:24AM on Nov 13th 2006 by Inquiring Mind

201. There are other interesting comments on the other TMZ "Anna" sites - such as "Anna Nicole Slapped with Fraud Suit" ....... and "Anna Nicole Stole My Baby"

Posted at 11:29AM on Nov 13th 2006 by Inquiring Mind

202. Alright, I'm back. Just had to take a break from this circuslike atmosphere here. Got caught up on all the posts. Didn't see too many from Patty or Wise Old Owl or Sherlock Holmes (Saw Sherlock at a different TMZ site) and that sort of surprises me. Either they've given up trying to make sense here, or were bored to death from the stupid spoutings such as "Anna, this too, shall pass" crap.

Anyhow, that being said, I do have one small contribution: I heard on the news this morning (yeah, believe it!) that ANS and HKS and the entourage must find a new place to live in the Bahamas because she never paid for the house she was living in, and THE OWNER TURNED OFF THE ELECTRICITY.

Hahahahahahahahahahahahahahaha.........

If it was on the news, I deem it pretty darn reliable...

PeaceFrog

Posted at 11:54AM on Nov 14th 2006 by PeaceFrog

203. oh yeah PeaceFrog..... the "mob" is also over on the TMZ site - Anna Nicole - Slapped with Fraud suit ...... join us there too

Posted at 9:21PM on Nov 14th 2006 by Inquiring Mind

204. Check out the newest articles in the Bahamas B2B papers, The Tribune.
I won't put the actual link, but it's at bahamasb2b.com/news/

"Bahamians Know Where The Truth Lies" - Editorial

"Anna Nicole Smith Stirs Up Bahamas" - by John Marquis

Read the COMMENTS at the bottom of the articles too.

In the search box on the top right corner, enter "Anna Nicole Smith", and you will get a list of all the Tribune articles regarding her wreaking havoc in the Bahamas.

Posted at 11:50AM on Nov 15th 2006 by STOP ANNA

205. I wish that slut bag whore face druggie would just fuck off and die. I am so sick and tired of hearing about her she's never done anything remotly talanted all she's good at is standung around looking stoned with her tits hanging out, she makes me sick and she gives mums everywhere a bad name she DOES NOT deserve kids besides I think all that bleach she puts in her skanky hair has finally fried what was left of her brain I think if she sneezed her head would probably cave in.
FUCK YOU Anna Nicole Smith YOU SUCK!!!!!

Posted at 11:51PM on Nov 18th 2006 by Sam

206. 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
EXCERPT:
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?”

Posted at 9:00PM on Nov 24th 2006 by INQUIRING MIND

207. 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 BahamasB2B.com/news 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.

Posted at 10:24AM on Nov 25th 2006 by INQUIRING MIND

208. 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!

Posted at 10:29PM on Nov 30th 2006 by Lee

209. 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.

Posted at 12:10AM on Dec 1st 2006 by cindy petrosky

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

Posted at 10:54AM on Dec 4th 2006 by INQUIRING MIND

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