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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.!"

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31. What a mess this is...and poor Daniel. He was taking anti-depressants and we all know this as well as methadone was in his system when he died. If Anna supplied him the methadone...and Stern knows this...it's no wonder she is hooking up with him to keep this all quiet. Stern is probably blackmailing her. If this is all true, I don't know how Anna is going to go on with her life. Either she will be drugged or drinking all the time to escape internal pain and perhaps eventually die...or commit suicide. Who knows...but this story isn't over by a long shot...and I just have so much sympathy for this baby girl. It's
an absolute nightmare.

Posted at 8:05PM on Nov 2nd 2006 by Jack

32. Of course we all knew Anna wasn't knocking boots with that sleaze bag Howard K. Stern. If she is hard up for cash it's because he probably took it all from her!

Posted at 8:09PM on Nov 2nd 2006 by Dumb Anna

33. In the very beginning Larry said Anna was on methodone and tried at least once to kick it in rehab AFTER she was pregnant!!!

Posted at 8:16PM on Nov 2nd 2006 by TREE TREE

34. Shes a PSYCO!! Poor Daniel.

Posted at 8:19PM on Nov 2nd 2006 by deb

35.
To: Larry,

CONGRADULATIONS, on the birth of your beautiful baby girl.
May God Bless you both.

Posted at 8:23PM on Nov 2nd 2006 by Opinion

36. Anna Nicole is despicable. The baby needs to be taken away from her. Not surprising she was trying to trap another rich man into her web by using a baby. No decent man wants her, she is too gross and evil despite the new body and her near perfect face.

Posted at 8:23PM on Nov 2nd 2006 by joseph

37. Has anyone else noticed that in alot of the pics of Anna Nicole and her son they are in strange poses? Not normal poses for a mother and son. Some of the pics make them look like a couple.

Posted at 8:39PM on Nov 2nd 2006 by tina

38. I have been reading the transcripts from Larry King interviews as well as other documents. Howard`s Larry King interview transcripts really tell a lot.

Autopsy reports give us much more info than just toxicology findings. For example the time of death via stomach contents. Even more so in a case such as Daniels because they know the what and when of his last meal. They should have the time of death fairly exact. With hair samples they can tell if he had been on any kind of drugs before or just after he arrived in the Bahamas. They can even pinpoint the dosage of drugs. Why is the medicle examiner Ceril Weck leaving so much out??? He is so evasive when being interviewed. I just do not get him. Is it purhaps because he is hired by Anna??

By all accounts from Howard himself he fell asleep in the bed and left Daniel awake in the chair watching TV. It has been said that Daniel helped his mother to the restrooms throughout the night making her the last one to see him alive. The drugs or at least the Methadone in that large of a dose had to have been taken really close to time of death.

If Anna had to be sedated AFTER Daniels death, then why did she not remember what happened leading up to his death. Why would or should it be Howard telling her what happened if he himself was only awakened by HER yelling for his help? I

Were there any perscription bottels found in the room? Was the T.V. on or off? Was the room searched? If so was anyone such as Howard and Anna left alone in the room with the body prior to it being searched?

Posted at 8:41PM on Nov 2nd 2006 by TREE TREE

39. Post #35: Thanks for bringing up Cyril Wecht. I am a former PIttsburgher, and he is our former coroner. He is incredibly well respected in national circles, as he has both his license to practice law and license to practice medicine. Many believe he is also a pompous loudmouth who "tells it like it is." Therefore, I've been puzzled as to why he failed to mention the other drugs (whether they mattered or not) at the time that he released findings of his autopsy. It's just not what he usually does---exclude information. And he is usually MUCH more open and verbal in his opinions on the findings, where it seems that he's almost backed away from sharing too much information about his findings in this case, or appearing in too many interviews, as he is usually wanting to do.

It makes me wonder why that is. But one thing I can say with almost 100% certainty, based upon "past performance," is that he wasn't "bought" by ANS.

Michele

Posted at 9:00PM on Nov 2nd 2006 by Michele

40. I really wanted to give ANS the benefit of the doubt. Hell, I even thought that she was a victim in all of this, with Howard running the show and basically keeping her isolated from everyone. Now I don't believe anything she says. In her interview with ET, she blatantly states that HKS is the father and NOT Larry Birkhead. Keep in mind, the "declaration" was made under penalty of perjury, and perjury is a jailable offense. I seriously doubt Laurie Payne (whoever the hell she is) would commit perjury - seriously, what would she have to gain by lying?

I am convinced that there is a lot more to the story. Why would ANS being so actively fighting against the paternity test to show who the baby's father is???? This makes no sense. Let's think about this - suddenly this Laurie Payne person shows up out of the blue, making accusations that ANS was taking several drugs during her pregnancy (including Methadone and Xanax - both of which were found in Daniel's toxicology tests by the medical examiners), and that she personally was told by ANS that Larry Birkhead is the father. Maybe Birkhead is positioning himself to take custody of that baby, and with ANS most likely about to inherit a half a billion dollars, imagine what the monthly child support would be. She would have to pay 25% of the interest. The interest on $600,000,000,000.00 would be ASTOUNDING, and so would the monthly child support. I am convinced that money is a part of the root of this evil.

I no longer believe anything that spews from the mouths of ANS or HKS - they are both pathological liars and will do anything to get what they want. I just feel sorry for the baby. God, I hope SOMEONE gets that poor child out of there, even if it has to be Birkhead.

Posted at 9:12PM on Nov 2nd 2006 by Georgia Peach

41. TREE TREE Post # 35 : You raise a lot of interesting points. The hair is a great source of information to determine your " past drug use " In fact they can trace drug residue in Danielynn's hair too. ( as long as her head wasn't shaved ) It would show up if she was given traces of the drug to wean her off slowly from any addiction.

THe stomach contents are equally important for calculated the Time of Death. I remember there was about 20 minutes of time that is not accountable for in the ever changing stories that HKS has given. That would have given HKS time to dispose of any evidence such as bottles of prescription drugs or perhaps even something more sinister...........a soppository fulll of methodone. Who knows what kind of " quick clean up " went on before staff help was summond.

If they aren't working on " A Movie of the Week " right now on this story .Then some producer will be soon. This story is more salacious than Jackie Collins could have ever dreamed up. We just don't know what the ending. But we will soon !!!

Posted at 9:02PM on Nov 2nd 2006 by the wise old owl

42. Has anyone researched the CPS guidelines in the Bahamas? Does anyone know what warrants a home visit and investigation there? If so, I would love to hear your thoughts..............
Congratulations Larry!!!!!!!!!!!!!!!!!!!
Hopefully soon we can congratulate LB on welcoming his daughter home!!!!!!

Posted at 9:11PM on Nov 2nd 2006 by Brandic.

43. Post #36 Michelle : You hit the nail on the head. Cyril was bought off. After your remarks about his respectability and credibility from where he hales. That could be the only answer. He knew the answers to the test results. He just didn't want to reveal them per his clients instructions. Cyril can be a double talker , which he has displayed on numourous occastions.

Post # 34 Tina : I have touched on this subject before. ( as well as other bloggers too ) We are well aware of Anna's provocative behavior towards her son that was not appropriate. She would rub up against him, half dressed , displaying over affectionate touching that made most people watching her very uncomfortable. Anyone watching it would relate that kind of interaction as a " romantic one " It was down right creepy. I didn't throw out the possibilty that Daniel saw too much of himself in Danielynn.............as in incest . Couldn't handle what he knew .The possibility of him being the " Father " .

With that large of an over dose in his system.( If he took it himself.).......then he wanted to be sure he " wasn't coming back" A DNA test will tell everything there is to know.

LETS PRAY LARRY IS THE FATHER. The other option is just too discusting to even fathom. I wouldn't put anything past Anna. She has more vile habits than anyone I've ever encounterd.

Posted at 9:19PM on Nov 2nd 2006 by the wise old owl

44. I said this was going to be a train wreck, I was wrong this has turn out to be a nuclear explosion. I bet we haven't heard the whole story. What's next? Howard killed Daniel because he had a envy for the kid. Anna Nicole is a mess and this person has another child to destroy. Someone step in and stop this madness.

Posted at 9:28PM on Nov 2nd 2006 by Lenn K.

45. I just wonder what HKS will do now that ANS statements about him being gross are out................ I always thought that she felt that way about him. That is why she was bedding down with all of these other men.
Has anyone evr thought about ANS dying the babies hair with food coloring? It can dye the hair without damaging or burning anything. And, it washes out pretty easy also.
Just a thought...............

Posted at 9:35PM on Nov 2nd 2006 by Brandic.

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