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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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46. With friends like Payne who needs enemies.
Payne is obviously in the Birkhead-Thompson camp.
I love the subjective "facts" being used to support her allegations: "....spent several days with Smith in the Keys," "several days in Myrtle Beach," "a rather large dose of Xanax," etc. " A sworn statement with such vague references some of which are based on hearsay would likely carry little weight in a court of law.

Larry B. seems to be going about this custody issue in an already acriminous fashion. How could this possibly bode well for a relationship that he might someday have with his (possible) daughter?

If he truly had a relationship with Anna Nicole, does Larry really think this is the way to go about it? By hurling hurtful, possibly slanderous statements against a woman who has just lost her firstborn? What is this man thinking?

"Sour grapes" comes to mind in a big way. If the situation had been reversed and Howard S. were the one who had felt cheated and deprived of his daughter, I think he'd have the decency to wait a "considerable" amount of time befpre dragging the child's mother's name through the mud. Howard's gentlemanly nature speaks for itself.

Posted at 9:38PM on Nov 2nd 2006 by Tru Katsch

47. i am so sorry anna for your loss. i just lost my father 7 months ago, and it's devestating. i'm still not over it. i will live with the pain for the rest of my life. i was close to my dad as well as i am to my mom. it's been seven months and i still can't believe he's not with us anymore. i feel your pain. all i can say is pray and ask GOD to comfort you and your family. and don't listen or pay any attention to these CRAZY peoplein this world it's not worth it. just take care of yourself and that sweet little precious baby of yours. you will never get over the loss of your son i can guarantee that , but you know what you don't want to, you'll just learn to deal with it day by day little by little.you'll be ok, i promise. you are so beautiful and you have a beautiful baby girl that needs her momma.love you anna nicole.

Posted at 9:38PM on Nov 2nd 2006 by misty

48. I saw the first installment of the ET interviews with Anna, and made these observations. I think the baby's eyes did not look "right". They were very wide open, staring kinda weird, just not peaceful or calm looking.

I think ET elongated the sobbing and crying and relive Daniel's death torture way too much! Enough already.

And I think Anna's "convenient" amnesia gap only surrounds the time when she screamed at Howard -- "YOU CAUSED THIS!". Anna remembers vividly talking to Daniel on the phone and telling him to come see his baby sister ..... then she trails off and has to be told later that Daniel died at the hospital, and Anna thought she was being "punked" like in the Ashton Kutcher tv series.....

I think Howie coached Anna on her convenient memory loss before the police got there to start asking questions. JMHO

The whole interview seemed rehearsed and carefully worded, and Howie seemed to watch Anna's words intently to make sure she didn't go off script.

THANKS for the heads up Tree Tree to go look at TMZ's newest post WITH a copy of the statement filed by Payne! WOW! This is powerful evidence to help persuade the judge to FORCE the paternity test (that has not even been ruled on yet), and hopefully to force a DRUG test of Anna and baby, and hopefully remove the baby from Anna's custody. I think Payne was a friend of Mr. Thompson and she was tired of seeing the way Anna treated their mutual friend, and she had information to give, so she did! She is one brave woman! She was willing to swear to her statements, under oath, and give proof (not just go on Entertainment Tonight)!

You know.... LB MUST have more emails and text messages and cell phone messages from ANS than her friend Payne had .... to file with the paternity case.
Reportedly LB already filed his statements with the court saying Anna was in rehab.

Right is right ... and wrong is wrong. Anna's internal moral compass has been broken, if it ever worked.

Posted at 9:42PM on Nov 2nd 2006 by Inquiring Mind

49. I used to stick up for Anna Nicole. When she married the old geezer who died, I thought she should get the money because it was his money... he can give it to any floozy he wants to give it to.

But now that Anna is obviously trying to keep the baby away from her real father, I have changed my mind. I'm sure that Larry is probably a weirdo too, but seriously, what kind of life is this little girl going to have with Anna and that idiot lawyer Stern? She will probably just end up on drugs like her poor son did.

I'm sorry about her son dying. That's very tragic and sad. But, someone needs to step in and save this innocent little girl. The best thing would be to have a wonderful, loving family adopt her and let her have a normal childhood, away from all of the drama and drugs. Is there a child protection agency in the Bahamas? Someone needs to check on the welfare of this precious child.

Posted at 9:42PM on Nov 2nd 2006 by Teri

50. Yes can you just imagine how all this is unfolding in front of the Marshall Family and attorneys for??? Just the fact that there is even a question as to the paternity of the child makes her look bad in front of the court AND future juriors.........BUT all this other stuff.........WOW!!! Does anyone remember news clips of her on the stand being asked and taunted about her nude photos???? Anna you have came along way from that!!!!!!

Look as far as Ceril Weck goes he was HIRED by Anna............NOW if she has paid that bill I have no idea.......

As for CPS in the Bahamas....that is a very good question......they should see the documents TMZ has obtained...

And what about TRIMSPA?? Do they really want a drugged out inbattled spokeperson??

Posted at 9:51PM on Nov 2nd 2006 by TREE TREE

51. Then we all better hope that some well-intentioned soul doesn't take it into their his or her own hands to tip off Childrens' Social Services that we drink, smoke too many cigs., take Xanax or pain meds., watch porn. or cheat on our spouses. After all, if you do any of these things you could be deemed an unfit parent based on the subjective opinion or the hearsay of even one individual. I don't see Payne as any hero; I see her as yet another one marching in the "Give me my 15 minutes of fame and fortune" parade. Sickening.

Posted at 9:53PM on Nov 2nd 2006 by Tru Katsch

52. Anna started the paternity snowball rolling that has turned into an avalanche.
LB did not control the timing of that. Anna told 2-3 men that they were the baby's father. HKS went on Larry King and spouted a bunch of crap that demanded a response by the baby's real daddy, but LB handled it the proper way by hiring an assertive attorney.

If LB had waited any longer to take legal action to claim paternal rights to his daughter, then a judge might have said "why did you wait so long to step up and say something"?

LB has made statements of fact about his relationship with Anna and what he knows about her in SEALED court records, that "someone" secretly saw and reported on. LB has not made those statements publicly.

The baby girl will know that her real daddy has tried as hard as he could, through legal channels to be with her.

Posted at 9:56PM on Nov 2nd 2006 by Inquiring Mind

53. I don't think the issue here is necessarily whether or not the litigants have sufficient reason to go ahead with their cases against Anna Nicole. It is the timing. Why did Thompson decide to collect the money owed him (supposedly) AFTER Daniel died? If she owed him as much as he alleges she owes, then why couldn't he have filed his complaint before her baby was born?
And does Larry really think all the mudslinging is going to further his claim? The law is the law and it will be a real surprise if a judge forces a paternity test now that the father's name is on the birth certificate. Unless, of course, the judge is seeking his fifteen minutes of fame and fortune, too.

Posted at 10:04PM on Nov 2nd 2006 by Tru Katsch

54. Dr Cryil Wecht maybe respected on his own home turf, but not to those of us that are familiar with his indictment on 84 counts, that a judge refused to dismiss, June of this year. He traded cadavers to Universities, that had no known family, for office space.
If you research his many criminal acts, you may have a different opinion about him being, 'bought' off, by ANS & HKS.

Posted at 10:06PM on Nov 2nd 2006 by Opinion

55. I believe it will eventually come out that those were her drugs Daniel took and Howard knows it. Just WAIT AND SEE!!!!!

Posted at 3:14PM on Nov 3rd 2006 by Tina

56. I don't know for sure what happened to Anna's son with all that is being said and going on now, but I pray he somehow rest in peace. He was FAR too young to die and so senselessly. Any medications can be dangerous in any combinations. I lost a son, though not even nearly as old as Daniel, so I know that ANS has to be a total mess about that now. I am mostly posting now to simply send prayers out to the beautiful new baby girl that God protect her and keep her safe and that He hold Daniel in His loving arms of peace and comfort. I pray one day ANS gets it together and Larry wakes up soon and instead of looking for 15 minutes (as it seems), get the darn DNA test done. That precious baby deserves to know who her real daddy is by the time she's old enough to reason, even when she's old enough to even walk. She needs and deserves stability in her so young life. God bless and stay with precious Dannille. (I hope I have her name right..if I don't then God knows who I mean anyway)..My heart aches for that precious baby girl being thrust into such a mess and beginning at birth yet with losing her big brother..such a shame and huge loss for that little angel as well as her Mom. :*(

Posted at 10:22PM on Nov 2nd 2006 by meme

57. As for ANNA being a prisioner of her home everytime Anna goes outside her home and is photographed the bargaining price for future photo opts drops considerbly.

Where were the photogs she was so afraid of during the Faux Wedding????......ohh that`s right.......they were with her....taking the million dollar photos.....

Sounds like Camp Anna is not afraid of the photogs who pay!!! It is just the non-paying photogs who keep her and her baby girl prinsoners.

Posted at 10:22PM on Nov 2nd 2006 by TREE TREE

58. Post #48 Inquiring Mind : Excellent preception of what you observed during the interview on "E" . I haven't seen it yet........another 15 minutes to go. However your decductions sound logical.

I did see a picture in a promo of Danielynn and she did seem a bit odd as far as her eyes being able to focus. I wonder what her ap-gar test results were. ( forgive me if I am saying the name wrong, ) but I am refering to the test that is given at birth. It determines the facalties that a newborn has and they are given a grade. They " score " the baby to determine if she is " normal "

I agree with everything you said. especially in regards to Payne. And Anna Nicoles "CONVENiENT LOSS OF MEMORY. " After your " comon sense " deductions..............that defense..... will be thrown right out of court. I find your comments very well researched and you possess " street smarts " which no Master's degree can provide someone with. You either " Get It " ......or " You don't " YOu do. !!!
Keep blogging. I can't wait to read more.

Posted at 11:07PM on Nov 2nd 2006 by the wise old owl

59. The more interviews Anna, Howard or anyone in the loop with her give the BETTER! You can beleive the authorities in both the Bahamas and the states are watching. This is both a criminal investigation as well as civil. Everything they say or have said in the past will be gone over and over on video and transcript. Everything they say can and will be used against them in a court of law.

Last happy familly pictures........$600.000.00
Faux wedding pictures..........a cool million
Interview with ET..............another cool million

Nailing someone in court with their own words PRICELESS!!!

Posted at 10:27PM on Nov 2nd 2006 by TREE TREE

60. TrimSpa guy said on Nancy Grace that Anna was going on a TrimSpa commercial shoot before she came down with pneumonia .... and that he has never seen Anna do any drugs, only a little champagne ... and that Daniel had a strong hatred for drugs cuz of what they had done to his mother .... and that Anna had filed papers on Ben Thompson and it was all just a big misunderstanding.

I think Entertainment Tonight's world exclusive interview(s) with Anna look lame and OUTDATED, because of all the new stuff that pops up every day, and ET not addressing any of the serious issues with Anna.

Posted at 10:50PM on Nov 2nd 2006 by Inquiring Mind

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