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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

(Page 7 of 15) Previous 15 Comments | 5 | 6 | 7 | 8 | 9 | Most Recent | Next 15 Comments

91. I myself viewed ANS interview last night on Entertainment Tonight.
I was just SHOCKED with both her and Howard Stern's inexcusable explanations!!
Yes they did give us what, a couple of answers to many of the questions a majority of us all are asking. But they were obviously fabricated compared to what was said (by howard) right after Danny's death. THAT WAS THE MOST WASTED AND UNEXCUSABLE INTERVIEW I HAVE EVER WITNESSED IN MY LIFE TIME, WEIGHING ALL THAT HAS GONE DOWN SINCE THE DEATH OF DANNY. I do not wish harm on ANS, but come on folks! Don't you think there are too many suspicious wrong doings on her part as far as why, where and who gave access of these prescribed medications to a 20 year old young man? And how in the world did it become such an excessive overdose as it was analyzed of being? Why does she continue to battle a previous lover over a house she claims to be hers as a gift when he obviously has documentation of it not being so?
She needs to get a grip! Get into a rehab somewhere and dry out from her highly addiction/dependency of drugs. Make sure that precious baby girl is in the caring hands of someone who is physically and mentally capable of taking care of her.
AND FOR GOD'S SAKE, STOP FEEDING OFF THE FINANCIAL WELFARE OF MEN, AND OR OTHERS IN GENERAL.
I say ANS needs to step up to the plate and admit any or all of her wrong doings to clear the air so she could maybe make a fresh start for herself and her daughter.
I am so sick and tired of her claiming innocence to the mess she has gotten herself or allowed herself into. I say initiate some mature and adult like responsibilities for her sickening behavior.
ENOUGH SAID!!!

Posted at 10:57AM on Nov 3rd 2006 by DEBORAH

92. Looks like a case for Maury.

Posted at 12:23PM on Nov 3rd 2006 by Sus

93. OMG...another drug baby,,,why in the hell is Anna Nicole taking Methadone?? most likely source for Daniels OD>>> its syntheic herion...Geez...thats why she lost weight, shes wasted 24/7...I hope trimspa takes her off the contract..shes a farce.and hello very wasted on the TV intevew at least she could have been straight for 30 minutes, to be onTV,, I am appalled we are even talking bout her and why is she big news?? hello theres drug moms on anystreet USA...

Posted at 3:37PM on Nov 4th 2006 by Lin

94. I find it appalling that a woman carrying a child would ingest harmful substances.
The same goes for the distributor of those substances. How can anyone in their right mind (give) around the clock, a pregnant woman her (needed) drugs? I assume Payne believed Xanax and Methadone are part of prenatal care.
Since LB and Payne had prior knowledge that ANS was using, during her pregnancy, I can't understand why they were silent. How could you watch anyone harm a child and (animal) without taking action to STOP it?
Any enabler should also be charged with child endangerment.
HKS knew Anna used drugs during pregnancy, should he be held accountable for distributing harmful substances to a child (fetus)? This is the worse of the worse! Disgusting!
Why didn't anyone speak up when the baby was first born, so she could be drug tested?
ANS put both of her children in danger with drugs...one is dead...so far.

During the ET interview, ANS said,'I wouldn't be here if it wasn't for 'MY BABY' and Howard. She didn't say 'OUR BABY', or Howard and our baby.

As far as Doctor~Lawyer, Cyril Wecht goes, I'm stating ONLY what I have observed through out the years. I personally don't care if he was the President of the US or the King of England, his evasive behavior is obvious.
He contradicted him self about the level of drugs found in Daniel's body, while laughing through out the interview, with Catherine Crier. I DON'T find anything amusing about a young man dying!
The recent reports would not be exposed on the level of drugs Daniel ingested, if it were not for the OTHER pathologist.
Scott Peterson would be 'FREE' if it were up to Wecht. He screamed, INNOCENT for Scott on every cable news outlet.
I believe he was bought (it happens all of the time) and he will say what he was paid to say. I wish they would have hired Dr. Henry Lee, but he's decent so that wouldn't have worked.

#78 ~ I understand that you have a different opinion of Dr. Wecht, than many of us do. To each their own.

I was born and raised in California, but you won't hear me defending, OJ, Charles Manson, Scott Peterson, Charles Ing and many others....
~Hi Snoopy50, Got anything to add here?

Posted at 11:38AM on Nov 3rd 2006 by Opinion

95. post # 80 Amy: Thank you for your comments. You can see how frustrating it is when these Anna defenders come on here trying to make "excuses " for her. The things they say defy common sense.

Post # 66 Opinion: Your poem for Daniel was beautiful. What a wonderful tribute to him. I'm sure he must be feeling all the love and concern that radiates from so many people. He would be proud that his death brought attention to a dangerous and unhealthy enviroment that Anna has chosen to raise her children in. It's sad that an innocent life had to be sacrificed in order to save another. But sometimes God has other plans for our journey here on earth. Many are sent here as sacrificial lambs in order to help others. Than they go on to a much better place. Again ........your poem was wonderful.

Like so many others ............I agree that the interview last night was very WEAK. Anyone of us here could have conducted a much more informative and interesting interview. We learned nothing from that. There wasn't one question addressed to Anna of any substance. Either this guy is the worst interviewer ever. Or else HKS gave strict guidelines what could be asked and what couldn't. It was really pathetic. Maybe the other parts of the interview that will be broadcast over the next few days will be better.

Did anyone else notice HKS body laungage during the interview.?? HE NEVER TOUCHED, OR COMFORTED ANNA ONCE during her break down. I found that very strange. If I was crying and shaking like that.........my husband would have held me in an efffort to console and minimize the pain. HKS did NOTHING. He came across as cold, indifferent and complacant. Void of any real emotion. He must only display emotion when he is making a bank deposit.

THey can pretend all they want they are a couple ...........but I don't believe it for a second. This charade they are playing is to benefit themselves all in the name of $$$$. If they think that the Interview we just watched last night is going to convience people of their great love.......they are Wrong. I dislike the two of them even more. I would love to see NANCY GRACE interview those 2 losers. Now that would be rivoting. Of course they would never submit to that. She would rip them apart in the 1st minute. Let's hope the next installments of this sorry excuse they call " an exclusive interview " is better than what we all just wittnessed.

Posted at 11:49AM on Nov 3rd 2006 by the wise old owl

96. I think what needs to happen,...is Anna needs to go to prison for killing her son and her new baby girls needs to be raised by the biological father. Maybe just then Anna can evaluate the mess of a life she lives, clean herself up and be a real person.

Posted at 11:49AM on Nov 3rd 2006 by Kristine

97. ~Sherlock Holmes~

That was a very nice compliment.
~Thank you~

Posted at 11:53AM on Nov 3rd 2006 by Opinion

98. jesus christ, her son died leave her alone

Posted at 11:58AM on Nov 3rd 2006 by colleen

99. ...and we are surprised but this latest revelation, why?!!?!?!

How about this for a scenario?

Anna is suppose to get a ton of money from the court... And, the next person in-line to inherit the money is/was Daniel.

Howard being the "ambulance chaser" that he is, could easily suggest to Daniel to take some of his mom's meds for a headache, knowing full well that Daniel could become ill/die.

Then Howard could marry Anna and receive half of her court award vs. only a small pittance that he would have gotten as her attorney...

Posted at 12:13PM on Nov 3rd 2006 by Tony from Laguna

100. ~Wise old owl~

I appreciate your very kind words.
I agree that," sometimes God has other plans for our journey here on earth. And many are sent here as sacrificial lambs in order to help others."
I also believe that everything happens for a reason, even though we may not understand why.
~Thank you, Wise old owl, for the compliment and your beautiful words.

Posted at 12:15PM on Nov 3rd 2006 by Opinion

101.
Tony from Laguna...

That sounds plausible. I wouldn't put it past her attorney. If he's been around her for 12 years and has been seeing money at arms reach, why not indeed!

Posted at 12:26PM on Nov 3rd 2006 by GranniesStuff

102. i think tmz and most of these tabloids are full of sh*t. sure reading these things are fun, but come on people dont beleive all you read

Posted at 1:35PM on Nov 3rd 2006 by Kris

103. Okay, I've read everyone's posts & I still don't quite understand a few things. I do understand that people think ANS acted provacatively with her son, so she's a tramp, big deal. That to me personally does not indicate that Daniel could possibly be the father I find that a very distasteful idea. I don't understand where you are coming from with this idea. Secondly, Daniel was a grown man, 20 is grown he made the choice to ingest drugs, no matter who gave them to him, he made the choice to take them. Maybe ANS did say "You caused this" or whatever perhaps she was implying HKS knew something was not quite right & did nothing about it. I am in no way defending her or Howard I feel they are both scum, I just am trying to look at the big picture & gather some answers for myself. I neither agree or disagree with the majority of statements made. I truly hope Larry is the father, I don't think he's out for the money, you can't get blood from a turnip after all. I hope all of this will be resolved soon.I feel badly for everyone to a certain extent. I just can not fathom Daniel being the father, to sick to even contemplate. Stranger things have happened.

Posted at 12:23PM on Nov 3rd 2006 by Mrs. Scott

104. Looks like a job for Maury

Posted at 2:00PM on Nov 3rd 2006 by Sus

105.
Tony from Laguna--

I think you are right.

What better place to do something horrible, than out of the country? Unlike the US, the Bahamas legal system and forensics wouldn't be comparable...

Money/Fame/Beauty can buy anything!

Posted at 12:36PM on Nov 3rd 2006 by Evie

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