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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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16. 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

17. 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

18. If these allegations turn out to have any factual merit, this human piece of cow dung, Anna Nicole Smith, should be prosecuted to the fullest extent of the law as an accessory to the murder of her own son (how else would he [Daniel] have had access to Methadone in the first place - through Howard K. Stern without her prior knowledge?). In addition, taking Xanax along with Methadone at the same time possesses the potential threat of serious drug interaction, so if true, that this wigged-out P.O.S. was actually taking these two substances while pregnant, she sholud be also be charged with endagering the unborn's life as a result of this totally irresponsile behavior. Furthermore, once the paternity issue has forensically been positively determined (DNA), Birkhead should be given full custodial rights to the child and A.N.S. needs to be forever denied any future contact for life. Yo Anna; "TrimSpa, Baby"!

Posted at 6:44PM on Nov 2nd 2006 by Leonard

19. i knew that whore was take drugs while she was pregnant, she couldnt have gone cold turkey. no matter how f***ed up you are you cant make a dork piece of sh*t like HKS fu-- worthy. look at Larry... I FEEL SO SORRY FOR THAT POOR BABY.. GOOD LUCK KID I HOPE YOUR DADDY GETS CUSTODY OF YOU

Posted at 6:53PM on Nov 2nd 2006 by pam

20. Anna Nicole hasn't done anything to garner this publicity.

Daniel died. Do you really think that his death was some form of PUBLICITY stunt? GET REAL!

Larry Birkhead comes out with Whos the DADDY. Filing lawsuits.

Anna and Howard goes on a yacht and is being watched by the papparazi.

Then of course, all her family members come out of the woodwork, getting paid by Tabs shows, to say what they will about Anna. LEECHES

Then the half sister, is cashing in on her own connection to Anna, to gain FAME, FORTUNE for herself., by writing a book to TRASH Anna. Leech

So basically Anna has been bashed from every corner. Don't you think it's her RIGHT to set the record straight?

Posted at 11:59PM on Nov 2nd 2006 by Donna J.

21. now we know one (1) of the reasons ANS won't allow her baby to be tested.. DRUGS will be found in 'Dannilynn's' system & she will be taken away from her for sure!

thank GOD Larry is doing everything he can to get custody so that the baby can recieve any & all medical intervention she needs & hopefull will end up with Larry where she will be 'safe"..

Anna & Howard will most likely be jailed for putting that child's life in jeoperdy while pregnant'', a crime..& possibly MURDER by HKS if he was trying to 'shut-up' Daniel..regarding the quote by Payne.."you've been with my mother for 12 years & haven't gotton any p---y"! he would have been made to take a 'depo' where the truth about the baby's paternity would surely be told.

Posted at 11:28PM on Nov 2nd 2006 by elaine

22. Now if this doesnt convience the " Doubting Thomas's " about Anna's incompedentcy........then nothing will. Talking controlled substances WHILE pregnant with an innocent baby's life in the balance is HORRIFIC. I can't even imagine what kind of problems this little girl will face later on in her developing life because of the drug abuse Anna continued to display while her fetus was developing. THe effects from this haven't even showed up yet.

Excuse me.........but Payne has no reason to lie . Her story is backed up by Anna's E-mails which can be traced right back to her through a computer forencic investigator. SHe would be foolish and she would also be commiting perjury to make such statements if they weren't true. I am sure her consience was weighing on her BIG TIME.

If it is true that Anna makes all her " peeps " sign confidentiality contracts. Than Payne stands everything to LOSE and nothing to gain by coming forth with these allegations. The things she says sound just like Anna. She says about Brikhead " He treats me like sh*t in front of his friends. It's always them over ME " I can't even stand listening to her. Can you imagine putting up with that ?

We already know how self absorbed she is. And how EVERYTHING has to be about HER needs. This only enforses Payne's comments more. Anna's always looking for more $$$ and the quotes from Payne that Anna made about running out of $$ shows just where her focus was. And it WASN'T on her daughter. Shame on her. She lies about everything. Anna cannot be trusted . If her mouth is moving.....there is a lie coming out of it.

If there has ever been grounds to have child protective services come in and do a thourough Investigation. IT IS NOW. Hello ????? She has admitted to doing drugs while pregnant. Payne administered a dose to Anna herself. My God. When are they going to wake up and DO SOMETHING. It doesn't get any plainer than this. SHE NEEDS TO FRY. My God. She needed to get high so bad that she endangered her unborn child to pursue her needs. How selfish can one get ?

I'm watching that interview tonight on E Entertainment. I 'm sure her goose will be all but cooked after CPS views that. Daniel must have known what was in store for his baby sister and the thought of having to relive that again must have sent him over the edge. There are still so many unanswered questions. But one thing we know for sure. Anna does not deserve the gift of having a child, or the responsibility that goes along with it. SHE HAS LEARNED NOTHING FROM HER PAST MISTAKES.

Go Larry . I have backed you from the start and I will continue to do so. You can save your baby now. It's almost over. . God Bless Daniel . It's not too late to save Danielynn from a terrible fate. Larry gets one step closer with every passing day.
Good luck and may God speed.

Posted at 7:10PM on Nov 2nd 2006 by the wise old owl

23. Well, well, well...The truth finally exposed! I suppose 'The Sane Gang', knew what WE were talking about (the ones that have always been on board...you know who you are)

She hasn't found her back against the wall...it's PLASTERED, SMEARED and SQUASDED against the wall! ANS, it's time to come clean, you have NO other choice. HKS...you ignorant FOOL...we Never believed you were the daddy...and Anna is repulsed by you...that was always obvious, by her actions where you Mr. Freeloader, were concerned. Why did Anna yell that you were the cause of this, right before she screamed for help for Daniel...but it was too late, he died?
What exactly are you the cause of???????
Oh, by the way, I'm sure your Larry King interview will be dissected by authorities...but that shouldn't bother you if you have nothing to hide...right?
That little baby IS NOT IN A SAFE ENVIORMENT WITH DRUG USERS!!!!!
Let the REAL father see his baby...you animal!!! You can't take away EVERYONE'S rights...who in the HELL do you think you are???
I'm relieved that authorities finally caught up to you, and you are going to be held accountable for your actions!

Hey Mark at ET....what do you have to say now? Still giving her the sympathy vote? Hey, Mary Hart...I think we have heard the other side of the story.
Your interview tonight on ET is going to be a BIG FAT JOKE! We the public, with a brain...CAN NOT BE FOOLED!

D-DAY! Pay back is a real, real Bitch! Won't want your Karma, wouldn't want to be you!!!!!
NOW DO THE RIGHT THING FOR YOUR BABY & DANIEL!!

Posted at 7:24PM on Nov 2nd 2006 by Opinion

24. I have LOTS to say on this as many know, but right now all I can say is:

"Go Daniel! Go Daniel! Go Daniel! Go Daniel!" I'm proud he stuck up for himself and more than proud he put HKS in his place.

Hey Anna, are you claustraphobic? The walls are closing in honey. Pretty soon you'll be all alone, no HKS or Himmie (cause you have no money for them to leech off you), no home, and no children. You made your bed, now deal with it.

Posted at 7:30PM on Nov 2nd 2006 by Patty

25. WOW-this is explosive, TMZ! Your site has become known for having some credible contacts. In this case, if she was taking methadone & anti-D's during pregnancy, I hope Birkhead goes down there and takes that baby. Too bad, Anna Nicole, you seem to be headed for self-destruct. And a signed deposition with documentation(emails, etc) will most certainly stand up in court.

Posted at 7:45PM on Nov 2nd 2006 by monalisa13

26. O.K. You guys at TMZ frist said that she was so so sad- then 3 hours later she's a HO!! Make up your mind!!

Posted at 6:05AM on Nov 23rd 2006 by theladyli

27. Everyone is so quick to judge. Take a close look at yourselves...who doesn't have skeletons in their closets? She may not be perfect, but who is? She lost her son for God sake, leave her alone and in peace. Let her work out her demons so she can become whole.

Posted at 7:53PM on Nov 2nd 2006 by tina

28. Those of us with skeletons in our closets don't go running to Entertainment Tonight to sell an interview for hundreds of thousands of dollars, and then beg for privacy...

PeaceFrog

PS: And y'all know we all've got skeletons... some of us are a little more tactful than others about how they're dealt with.

Posted at 8:03PM on Nov 2nd 2006 by PeaceFrog

29. Holy sh*t, don't quite know what to say... I always did figure HKS wasn't the father but man was she a bitch about him. I figure he really does love her, it probably broke his heart to read/ hear that. I'm happy the saga will hopefully soon be over, I think we all (On the boards) want what's the best for the baby. Obviously Anna is not it. Whew, hate to be in her shoes right now. Sucks to be you Anna. Sorry.

Posted at 8:02PM on Nov 2nd 2006 by Mrs. Scott

30. Hey did you catch that Softball interview on Et ....what a scam !!! How nice it is for Anna she can't remember the hours before and leading to her sons' death . Shes' taking methadone and then somehow this substance winds up in her deads son system . Just goes to show you famous people are different ...if this was an innercity black Mom she would be in jail by now !!!

Posted at 8:05PM on Nov 2nd 2006 by Smelling something fishy

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