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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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76. Oh man just figured it our, it's that old man's son thats the baby daddy. Now the baby gets all the dough. Perfect Ending!

Posted at 4:33AM on Nov 3rd 2006 by Sharon

77. It was joking people I don't know if there is any validity to it, this all just seems rather stressed but if it were his daughter, she might be entitled to some money.

Posted at 5:20AM on Nov 3rd 2006 by Sharon

78. Post #53: I'm very familiar with Cyril Wecht's indictment. As I said, I'm a former Pittsburgher. However, I'm not so quick to use that as logic for allegedly being "bought" by ANS. If you live in this city...and you were raised with all the goings-on of its government and the number of people who don't like him...you wouldn't necessarily think that way either.

The two things don't necessarily "equal" out.

Posted at 6:15AM on Nov 3rd 2006 by Michele

79. OMG did you see her on tv last night trying to do some damage comtrol? I think it was "Extra". What happened to her son was a horrible tragedy but the rest of this train wreck is of her own making and I am finding it hard to be sympathetic. And those that critisize Birkenstock or whatever his name is...why shouldn't he fight for the right to see a child that he has been lead to believe is his? What would you say if he ignored the whole situation and DIDN'T try to see this kid?

Posted at 7:05AM on Nov 3rd 2006 by Amy

80. To wise old owl,
Thank you for pointing out how ridiculous some of these posters sound. You echo my thoughts exactly as I scroll through the posts and I am glad that you take the time to point out the obvious! You shouldn't have to do it but I'm glad you do. It restores my faith in intelligent life forms. Why do you think people insist on defending her with ignorant arguments?

Posted at 7:24AM on Nov 3rd 2006 by Amy

81. I don't think the Younger (now also deceased) Marshall--the son--would touch that with a ten foot pole...

I watched some of the interview, and I was amazed at the stupid questions that this guy was asking her. "Uhm... is there anything normal in your life right now?"

DDDDUUUUUHHHHHH!!!!

What the hell did he expect her to say? "Uhm, yes, everything is back to normal, Mark, thank you for asking. In fact, I just ran out to the cleaners, and to the supermarket this morning to buy some Chef Boyardee....."

Come on, now... softball interview is absolutely right. In fact, I was yawning. And naturally, they need to drag it out over three days' time, or is it four?? I don't know, but I turned it off. I admit, I felt sad for her, no mother that ever deserves to lose a child, and yes, she certainly looked like she was on something, possibly still medicated due to her son's death, but if she's this badly affected after almost two months, perhaps she needs to seek help from a professional for dealing with the loss of her son. Seven stages of death, ya know. Staying medicated so you don't have to deal with the reality of it isn't one of them. ANS is playing on everyone's heartstrings right now, and she really needs to step up and do the right thing by everybody she's been sticking it to.

PeaceFrog

Posted at 7:40AM on Nov 3rd 2006 by PeaceFrog

82. ANS has been a natural born grifter ever since she reached puberty. She has never developed any class or understatement despite all the years later under her belt. I cannot believe there are people defending her, she is so blatant. I don't know if she is truly loathsome, or she is merely exceptionally stupid surrounded by manipulative, clever users-but she's been conning ever since she realized she could attract men with her looks, a teenage stripper who snagged an old billionaire. Her morals and intelligence have not improved with age.

Posted at 8:30AM on Nov 3rd 2006 by Mason

83. #82 Mason ........."grifter" ............what an excellent way to sum up ANS's life.

Posted at 9:22AM on Nov 3rd 2006 by jennifer

84. To: Opinion

You are a very talented writer...and I am sure Daniel appreciates your wonderful words where ever he is.

God Bless.

Posted at 9:33AM on Nov 3rd 2006 by Sherlock Holmes

85. Anna's explanation for why she went to the Bahamas ..... (of course not to run away from LB's questioning of paternity and drug use)

Ummmmm I was about 5 months pregnant and the cameras started comin around ... in the trees ... (Howard pipes in - yeah in the trees, they can be very aggressive) ... Anna mumbling .... yeah - in the trees ..... and I started thinkin about the Bahamas, and I like it there, I've been there a few times, and I thought why not go there.......

Anna sweetie -- they have MEDIA and CAMERAS in the Bahamas too!
Come up with a better script for that one kay .... you and Howie need to work on that one a little more......

Posted at 9:37AM on Nov 3rd 2006 by Inquiring Mind

86. Anna's retelling of "how she learned Daniel had died" - after her alleged brief amnesia episode after screaming at Howard "YOU CAUSED THIS" .......

I don't remember anything after talking to Daniel on the phone .... don't remember taking those photos she sold of Daniel at the hospital .... only remember coming into the living room of the house and Howard with a crazy look on his face and she asked what's wrong and she couldn't believe Daniel died at the hospital and thought she had been "punked" .... "and that's how I found out"...

OK.... and then ????
Then you just did what Anna? Said what?
You didn't say, I don't believe it! TAKE ME TO DANIEL RIGHT NOW?
You didn't insist that Howard or someone take you to the hospital or funeral home to see for yourself that Daniel had died?

Was the next step planning the commitment ceremony, or what?

I can understand just not being able to wrap your brain around the fact that your 20 year old son has just died - in your hospital bed ...... but to say that you had a complete brain freeze and memory black out for a specific period of time ... come on now ... not buyin it!

Later you hire a pathologist and reports come back that Daniel had Methadone in his system and your pathologist says on TV that this is a complete surprise to you! Anna - you don't then follow up by hiring investigators to find how in the world Daniel got Methadone and the other drugs? That doesn't concern you?

Posted at 9:52AM on Nov 3rd 2006 by Inquiring Mind

87. I have grown up all my life hearing, what i consider stupid, (everthing comes to the light). How true these words are in ANS case. She has lost one child, and is desperately trying to keep another. She needs to do the right thing right now. Everything is crashing around her and she is sinking fast into quicksand. Go Larry B. get your daughter away from crazies!

Posted at 10:00AM on Nov 3rd 2006 by maria

88. with all the drugs she had in her at the time of conception my heart goes out to the little baby, will she be affected by all those drugs.
I saw her in an interview last night and she looked like she was still on drugs, please someone take that baby away form that how.
marie

Posted at 10:35AM on Nov 3rd 2006 by Marie

89. True about Cyril Wecht.
He is a VIP-glutton; likes to attach himself to the coat tails of the influential. They are the ones, after all, who have the big bucks to pay him his exhorbitant fees. The man has Zero personality - I have met him -- and is a snob of the first order.

While there are certainly no facts to support his embellishing (or, conversely, leaving out) facts in Daniel Smith's autopsy examination, it seems reasonable to assume he would do either one for the sake of ingratiating himself to "important people," in this case, Anna Nicole Smith.

Posted at 10:40AM on Nov 3rd 2006 by Tru Katsch

90. Oh my. I was disapointed with the interview, Mark Steinus did not ask really tough questions. I do not understand why ANS is not trying to get to the bottom of what happend to her son. I could barely make out what she was saying. I do feel bad for her in the sense she lost her son, however, she needs to get to rehab and get rid of Satan. That guy gave me the creeps just looking at him, he was high as a kite too.

For the life of me, I don't get why they haven't filed charges or declared Daniel's death a homicide and start an investigation. There are alot of questions that have not been answered.

One more thing, ANS should have had a visit from Child Protective Services to check on the welfare of the little baby, with the behavior she has shown to the world, I am VERY concerned about the care of the little one. HKS is not the father of her baby and shame on him for lying about that, Dannilynn looks very much like Larry Birhead.

I don't think they should have done the interview, because for me it only raised more questions. ANS, get some help and take some parenting classes and nurture your child. If she doesn't do that, Larry should be given custody, once his paternity is confirmed. ANS has a very mean, wicked side to her, when she buried her son, she didn't even allow Daniel's Dad to be there to say goodbye, that bothered me. I think HKS (satan), has something on her and is holding that over her or blackmailing her in some way. I would like to see someone being held responsible for Daniel's death, he had way too much in his system for an "accident", Henry Wecht should be stripped of his license. Somebody is trying to cover this up, and it's NO RIGHT.

Posted at 10:53AM on Nov 3rd 2006 by Miss Honey

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