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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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61. Oh my gosh! Will somebody PLEASE take that baby away from this train wreck--once and for all?

Posted at 11:00PM on Nov 2nd 2006 by kat

62. What words do you hope will nail the "Anna loop?" The oft-repeated telling of Daniel's last hours? The fact that he was not, as far as Anna or Howard were aware, a drug abuser, and the fact that Anna and Howard are finally able to admit their love for each other? What would be the incriminating words? That Anna has named Howard as the father on the birth certificate; incidentally, that's all anyone can do - name the father.

Or would you rather Anna spill her guts about her prior mistakes, mistakes that we have ALL made in one way or another, whether it be with prescription drugs, alcohol, nicotine, overeating or countless other vices. Or, in Larry B.'s case, that mistake might be having gotten involved with Anna Nicole in the first place. By his own words, he has implicated himself as not the wisest of men. "Howard hardly ever let us go out alone anywhere." (loosely paraphrased, but you get the message...)

The baby, Dannielynn, is only two months old. Her eyes looked just fine! She is absolutely adorable. If you want to stir up theories on Anna's drug use, specifically during pregnancy, you can suddenly see problems with the baby's eyes and how well they focus. But these same people who are now critiquing this innocent baby's appearance would retract those observations if they were being asked to comment for Larry Birkhead. Then, all of a sudden, Dannielynn would be a perfect, healthy newborn who needs her "real" daddy to help her stay perfect and healthy.

Posted at 11:03PM on Nov 2nd 2006 by Tru Katsch

63. Post # 46 and 52 : Tru Katsch : I believe I left you a response to your ludicrious blogs on another editorial. But I just have to say something here as well. I just don't know where to begin with you. Let's start with post # 46........................

You are not informed. Everyone knows that Larry didn't want to drag this into the MEDIA.......Anna did. She gave him no other choice. Why should he leave her alone if it is his child ? If the truth casts Anna is a negative light. Too Bad. He is thinking of an innocent child...........NOT ANNA. !!! HIs allegience is to his daughter , not her fake ' mourning "

She hasn't grieved. All she has done is CASHED IN on this tradgedy. Just looking for more $$$. SHe only cries tears when they serve some kind of monetary gain. YOu sound like you are from her " CAMP " Maybe even one of the " 3 Stooges " themselves. The way you stick up for HKS.......you could be him. You say........and I quote :

"Sour grapes comes to mine , I think he ( Larry ) should have the decentcey to wait . Howard's gentlemanly nature speaks for itself "

Surely you jest !! Drugged out is a better adjective that discribes HKS behavior.

You want Larry to wait.........." Wait for what ??? For HKS and Anna to take advantage of that child too. Sit around and wait while watching another man bond with HIS DUAGHTER . COME ON HOWARD.......that must be you !! No one else would come on here and say such nonsence ........unless they were as f***ed up as YOU !!!

Now to your post # 52 : Thompson didn't KNOW that Daniel was going die. He didn't have the gift of clairvoyantcy to know. When you owe someone $$ it isn't predicated on the circumstances of their personal life. Do you know how irrational you sound ? Anyone can put their name on a " birth certificate ". I am sure there are a few " santa clauses " that have been named as " Fathers " Now you have the JUDGE in on this for his " 15 minutes of fame " YOu are a real piece of work "

Your aguments carrry " no weight " with lucid people . You must be insane or " on something " Please be an informative blogger before you contribute your comments here. I just saw Anna on her interview. SHE IS ALREADY PEDDELING PICTURES OF HER DELIVORY FOR BIG $$$$. Need I say more.

She was crying because her $$$ was running out. THAT'S ALL ........for now.

Posted at 11:05PM on Nov 2nd 2006 by the wise old owl

64. As advertised, the Entertainment Tonight puff piece interview of Anna Nicole Smith was just one big pro Smith (and Attorney Stern) info-mercial. No serious or hard questions were ever asked...No big revelations were made either!!!

For instance:

1) How come interviewer Mark Stinus didn't ask if the FBI was being brought in to investigate Daniel's suspecious death???

2) Why did'nt Stinus question the staff of the hospital, where Daniel died, in order to find out if media reports are true that Smith had claimed in their presence that Stern was responsible for Daniel's death???

3) What about questions concerning Smith's hired coroner and his suspecious medical conclusions regarding Daniel's passing???

Finally, I'd like to point out that a 5 year old child could have thrown together a better more in depth interview than what we received from the seemingly bought people at Entertainment Tonight. This so called interview was truly disgusting in terms of the great amounts of unprofessional pandering and out and out brown nosing Entertainment Tonight blanketed on Smith and Stern!!!

Justice for Daniel!!!

Posted at 11:15PM on Nov 2nd 2006 by Sherlock Holmes

65. I do feel sorry for Anna. She just lost her son. However, there is an innocent baby involved in this. The baby deserves to know who her real Dad is, and she deserves to have a normal childhood. Someone needs to intervene and make sure that the child is being taken care of in a responsible manner. And a DNA test should be done as soon as possible. If Howard Stern wants to love and care for her, then that's fine. But, if Larry Birkhead is the real Dad, then the truth should come out so that he can do his best to also be there for her.

The focus needs to be on the baby girl. She should be the priority in this situation. It is horrible that Daniel died, but please don't let this little baby be hurt. She didn't ask to be born.

Anna... if you read this, first of all I give you my sympathy for the loss of your son. And I give you congratulations on the birth of your daughter. But, no matter what, PLEASE get some help so that you can raise your precious little girl in a healthy, loving home!

Posted at 11:24PM on Nov 2nd 2006 by Rene

66. I cannot believe the drug Daniel was taking, amytriptilin (sp?), hasn't been looked at more closely as a contributing factor to his death. I was placed on it a year ago and my heart developed severe arrythmias--so bad, I had a scheduled minor surgery cancelled. It's a dangerous drug and combined with everything else he was purported to be taking, I am sure it could contribute to a sudden heart problem.

I feel for anyone who has lost a child. Just as I feel for anyone who has to take as many drugs as ANS does just to get through life. She certainly has a knack for creating chaos in her life and her scummy attorney husband I really believe has a hand in what happend to her son, just as the way he is "managing" her life now. I find him distasteful, sleazy and a liar. The more I hear about this woman, the more I believe she has allowed herself to become his personal pawn and that's both pathetic and infuriating. I hope she pulls herself together--preferably, without her lawyer present.

Posted at 11:31PM on Nov 2nd 2006 by Sharon

67. ~~~~A PRAYER FOR DANIEL~~~~

~~~~~~~~~PALACE OF ETERNITY~~~~~~~~~~~

Free like the eagle
at peace like the dove
onward, upward
to heaven above

Infinite life
knowing divine love
a higher dimension
you now know of

No longer bound
by time
or space
your journey is forward
you've entered God's place

A forth dimension
divine life
endless glory
eternal life

White light
like the moon above
God surrounds you
with his love

A state of beauty
peace and harmony
transcendent loveliness
is what you see

Explore the wonder
the new beginning
a new destination
eternal living

God has called you
home to be
in his palace
of eternity


~~~Written by: Me~~~~

Posted at 11:35PM on Nov 2nd 2006 by Opinion

68. Harsh, harsh, harsh. Everyone knows that interviews will be cut to show "the best angle" of any story, sometimes even the interviewer's! Give me a break. Seeing the bits they showed of the "lost" interviews made me kind of sad because ANS used to be a beautiful, vibrant, happy looking young woman. She looks like hell now, although I would attribute a lot of that to her grief, not just drugs and alcohol.

As for her daughter having odd looking eyes, or whatever, GIVE ME A BREAK!! She looks like a very alert, healthy child. I swear, some of you posters would find something negative to say about GOD if he were in any way associated with ANS. Dannielynn is an innocent child who never asked for her parentage!! Her wide eyes are the one thing that seem to tie her to HKS physically, cause she sho' dont look like LB, who has little ratty eyes, IMO. Leave the baby alone, she is just what she is, an innocent child.

Laura Payne? What kind of person does something like this? While I know of a whole gaggle of you out there cheering her on, a lot of people will still be asking: what kind of person does this? and emails? They CAN and in the past, HAVE been faked or altered. It isnt hard to do an a lot of you who are tied to your computers know this is true. She is in it for something also, and I dont think its necessarily for LB. She may be doing this for monetary gain. Next she will be suing ANS and HKS for punitive damages for the trauma that all of ANS "lies" has caused her. We shall see.

Posted at 11:35PM on Nov 2nd 2006 by AJ

69. I have a feeling that Daniel would NOT have been pleased about a marriage of his mother and HKS. He would have known it was not based on love or physical attraction. I suspect that the fake wedding scheme was hatched after Daniel died, and maybe even claiming HKS was the daddy was hatched after Daniel died.

I think Daniel probably KNEW that LB was his sister's biological father. I think Daniel knew that his mother fled to the Bahamas to elude LB's paternity claims.

I wonder why Daniel stayed in California instead of being at his mother's side when she went into labor and delivery in the Bahamas? Wonder why he had to ask his mother "if he could come out to see his sister" (according to Anna). Wonder if Daniel was living on his own in California? Or in the house that Anna fled from?

I think Daniel must have been feeling somewhat left out of his mother's life with the new baby and her trying her damndest to get hitched to "somebody" (wealthy that is).

I think Daniel would have been embarrased and ashamed of what his mother is doing now - taking drugs while pregnant - lying about who the father is - suing Mr. Thompson after he tried to help her - not paying for the house they are living in - doing those ET interviews ... the list goes on and grows bigger every day.

I think Daniel was in the depths of depression when he went to the Bahamas and would have been vulnerable to take anything offered to him, to help him "sleep", or not feel so sad. I think he tried to put on a "happy face" for the joyous birth of his baby sister (but the photos of him at the hospital, show a deep sadness IMHO).

Posted at 11:50PM on Nov 2nd 2006 by Inquiring Mind

70. There is more....... go back and read the declaration of Laurie Payne and the copy of the email said to have come from Anna.

Posted at 12:07AM on Nov 3rd 2006 by TREE TREE

71. ummmm???? how exactly has Anna set the record straight in the ET interview(s)?

Has she shown the results of a legally recognized DNA test?
Has she shown a court stamped and filed deed to the Bahamian home?
Has she shown a cancelled check or bank withdrawal for the million $$$ to pay for the Bahamian home?
Has she filed a deposition in the paternity case or fraud case?
Has she hired private investigators to find out where Daniel got the Methadone that killed him?
Has she explained why they had a "commitment ceremony" instead of a real marriage with a marriage license filed at a courthouse?

Posted at 12:08AM on Nov 3rd 2006 by Inquiring Mind

72. Apparently Payne is a friend to Anna, she may play a part in keeping Anna from harming her daughter. Anna exposed Daniel to a life of drugs and alcohol so in a round about way she may not have opened his mouth and poured the pills down his throat but had she set a better example he might be alive today. Laurie Payne should be commended for speaking up for a child that does not yet have a voice, a mother is supposed to protect her children, not harm them.

Drug allegations are no suprise, listen to Anna Nicole speak. DUH!!!

Larry Birkhead would not be a decent human being or a fit father if he allowed Anna Nicole to endanger this child which she is doing under the influence of drugs. I commend Larry for fighting for his daughter, it's ashamed more men don't stand up for their childrfen. Deadbeat dads are a dime a dozen, a man that wants to protect his child from a drug user and her personal leech should go up for the Father Of The Year award. Howie is definately an enabler but I'm wondering if he's also her supplier?
How many men will fight for their newborn baby? I hope Larry is awarded full custody because he seems a lot more stable than Anna and her "commitment" partner. Dannielynne deserves to be with a loving parent, one that will go to bat for her and so far that is Larry. Had Anna and Howie wanted to provide a stable enviornment for Dannielynne they'd have taken the paternity test and put this issue to rest. SHAME ON ANNA NICOLE for not doing this for her child. SHAME ON HOWIE for being a liar and keeping this baby from her daddy. These two are so devious and deserving of one another it's ashamed they can't be cell mates if they wind up in the pokey!

When Dannielynne is old enough to realize what Anna Nicole did to her daughter then Larry will be her HERO (and mine too). As for Larry and Anna Nicole possibly having a relationship again I hope he's smarter than that. Why would he fight so hard to get his daughter from a JUNKIE and then expose his daughter to her again if he's awarded full custody? If he were that irresponsible the courts need to remove the child from both of them.
What Anna has done to Larry and her own daughter is so vile that I can't imagine Larry being able to forgive Anna for this and personally I don't blame him.

Should Larry wait until Anna kills her daughter too? Should he wait until she harms Dannielynne?

When DannieLynne gets a little older she's going to wonder why there are no photo's with her daddy. Larry can't ever get these precious moments back with his daughter and if anytyhing the child will blame her mother for being so SELFISH!!! Larry isn't suing for 1/2 of the money from the photo's of the baby so I seriously doubt his motive is money.

Would you want someone to take your child and not allow you to hold your baby when she was hours old? Would you want to miss her first smile? First tooth? Rocking her to sleep? Feeding her? Being able to say "I love you" while cuddling with her? Anna Nicole has STOLEN these very moments along with a lot more from her daughter AND Larry.

If anyone is looking to profit off of a situation it's ANS, she's an opportunist, gold digger and now a thief. She's tried numerous to take what rightly does'nt belong to her, Anna is still fighting the Marshall's for part of the fortune that she was NOT awarded in Howard Marshalls will. What money is Larry trying to get his hands on? So far the Marshall stint didn't pay large dividends like she'd planned. The woman is a spokesperson for TrimSpa but Goen said "Anna is not a rich woman". Chances are Larry made more than Anna last year and as far as Anna's future earnings go I don't see ads in the classifieds under "Gold Digger Wanted - Apply Within". Unless she and Howie prevail in the suit for Marshalls estate Anna may be serving you at Burger King. I doubt after the way she's handled her son's burial, the lies, attempted theft of a home, drug use during her pregnancy along with a long list of other devious behavior that she's marketable in Hollywood. I wouldn't be at all surprised if Anna loses custody of this child that she doesn't take the cowards way out and committ suicide.

Posted at 12:16AM on Nov 3rd 2006 by Ashlee

73. According to LP the Methadone was in two different doses and in another name........Just how much was in Daniels system???

Posted at 12:11AM on Nov 3rd 2006 by TREE TREE

74. 69. 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 6:49PM on Nov 2nd 2006 by Donna J._____________________________________________________________


Sure it's her right but other people have rights too.

Dannielynne has the RIGHT to be protected from this JUNKIE!!!
Larry Birkhead has the RIGHT to protect his daughter from this JUNKIE!!!
Ben Thompson has the RIGHT to evict this JUNKIE from HIS home!!!
The Bahamas has the RIGHT to deport her for NOT being a fit person of moral character.
Daniel had the RIGHT to have a mother who would protect him and put his welfare first. but Anna FAILED drastically and denied Daniel his right.
Howard Marshall had the RIGHT not to award Anna anything in his will.


Anna can't complain about the paparazzi otherwise she and Howie wouldn't have money for methadone or diapers. She's getting a paycheck off of them so now she's going to bite the hand that feeds her (no big surprise). She says whatever is convenient so that she's always the victim!!!

Anna's family has the RIGHT to say whatever they please, they're not on her payroll.

Anna's half sister has the RIGHT to write whatever she wishes, quite frankly I hope she makes a fortune so she can get a name change so no one will know she's related to such scum.


THANK YOU DONNA FOR REMINDING US THAT ANNA IS NOT THE ONLY ONE THAT HAS RIGHTS, SO DOES EVERYONE ELSE!!!

PS...if I missed anyones RIGHTS please feel free to add to the list.


Posted at 12:43AM on Nov 3rd 2006 by Ashlee

75. As far as Anna`s suit w/ the Marshall family goes and her last VICTORY with the Supreme Court, they have merely agreed to hear her case........it does not mean she will prevail......with all the daily GARBAGE comming out it sure does not make her look good. Who setting on a jury is going to want to give her a dime. Who wants to give a druggy money? If Larry just wanted money out of this he would of sit back and waited till she had SOME!!! Remember he signed a Confidiality Clause for TEN MILLION!! If he were lying it could actually cost him all he has now plus future earnings!! Larry, Laurie, the Thompson guy who loaned her money for the Horizon House and whoever comes forward against Anna are actually hurting her chances of her ever getting her hands on another dime. It is AFTER you come into money that people come out of the wood work!!!!!
Anyone having stock in the name of Anna Nicole..........SELL FAST!!!

Posted at 12:47AM on Nov 3rd 2006 by TREE TREE

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