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Did Anna Nicole Commit Birth Fraud?

11/7/2006 1:45 PM PST BY TMZ STAFF

Anna Nicole SmithAnna Nicole Smith tried to persuade a sterile man to put his name on her newborn baby's birth certificate, according to a sworn affidavit.

Unimpeachable sources tell TMZ that Ben Thompson, a real estate mogul who briefly had an affair with Anna Nicole last year, signed an affidavit in the brewing paternity conflict over Dannielynn Hope Marshall Stern. We're told in the document, Thompson swears that during her pregnancy Anna Nicole tried to convince him that he was the daddy. That's when Thompson informed her it was impossible because he had a vasectomy.

We're told according to the document, Smith then fessed up and told Thompson that Larry Birkhead, her ex-boyfriend who is currently fighting Smith to establish his paternity, was indeed the father. Sources say in the affidavit, Thompson claims Smith told him that Birkhead got her pregnant and repeated that statement several times thereafter.

Thompson's statement is the second sworn affidavit claiming that Smith copped to Birkhead as the father. As TMZ first reported, Laurie Payne, once a close friend of Smith's, also claims that the former Playboy Playmate told her that Birkhead was the daddy.

We're told in Thompson's affidavit, he claims he was in the Bahamas shortly after Dannielynn's birth. Thompson says that Anna Nicole asked him repeatedly if he would put his name on the birth certificate as the father, even though Smith knew he wasn't. Thompson says he refused to cooperate, and Smith subsequently had her lawyer, Howard K. Stern, sign as the father.

92 COMMENTS

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46.

vanessa santana    

This doesnt prove anything. That Larry Birkhead is a media Whore, even moreso than Anna. Did it ever occur to anyone that every low life white trash person associated with the situation is going to try to get their 15 minutes of fame by calling every damm tabloid in the world to claim that they have information? TMZ, where are these so called documents?

2844 days ago
47.

Brandi    

I read it on a blog somewhere........can't remember which. SO many of them. Anyhow, a post somewhere said that HKS has been working 20 hours a day. May I ask on what? To my knowledge he is not a member of the Bar Association in the Bahamas. Right? So what the hell is he working so hard on? ANS appeals for the Marshall estate? He will be disbarred before he ever sees in inside of another court room. (as an attorney, that is)

#33 This DOES prove that ANS is a damn liar! She lied to Ben Thompson about him being the father! I personally hope that LB is proven to be the Father and ANS is stripprd of her parental right FOREVER. She does not deserve to be anyone's mother. Let alone their sole parent!

2844 days ago
48.

Allred Tree    

Only the DNA test will prove or disprove the paternity of the baby. Just because ANS named someone (whether it be Mr. Thompson, Mr. Birkhead, HKS, Bill Clinton, Michael Jackson or Santa Claus) doesn't mean she was telling the truth to her friends. I have the feeling she could be an expert liar. Whomever the father is has a right to know. I find it interesting that she pronounced on ET (I think it was one of their clips) that when she saw Dannielynn for the first time she thought she was so beautiful and saw the face of DANIEL in Dannielynn (not HKS or Mr. Birkhead).

2844 days ago
49.

As u taught me    

Brandi C...........Trimspa CEO Goen said it on Nancy Grace ........Poor Howie working around the clock could he be blogging?? TMZ with leading the pack on Anna Drama comming out..........could he be blogging here?? Perhaps between boottles diapers and METHADONE doses......busy little bever!!

2844 days ago
50.

Howard Stern is Americas Most Hated Man    

I don't think ANS and HKS have enough photo's to sell to the tabloids if you consider their MOUNTING legal bills as they continue pile in.

TrimSpa CEO Alex Goen must be an IDIOT to continue to speak in defense of Anna and Howie. He looks like a total MORON but hey folks, as long as Anna is in the headlines he's happy that TrimSpa is getting a pitch (even if it's a gutter ball).

Howie had better be working on getting a new "crib" for Anna because I'm betting EVICTION DAY is drawing near. Hey Anna, can you say "HOMELESS BABY"?

2844 days ago
51.

Snoopy50    

Somehow I dpubt that baby will be homeless, the proposed orders for consideration at tomorrow's hearing will most certainly include a temporary custody order, at least I hope so.

With the Prime Minister on the warpath, and Mr. Thompson on board to gain possession of HIS house, the two bozos must be pretty shook. Oh wait, more drugs, that will solve the problem!

2844 days ago
52.

chi chi    

Dont forget about the original reports out of the Bahamas when Daniel first passed away. Nurses and other patients all heard her screaming at Howard 'you did this' it was in many stories, then suddenly it was all lies. Also the story of vomit and blood all over the room too, I think those were the real stories before she paid off witnesses. For a few days there was no mention of Howard there just a mysterious 3rd person who some think was responsible for the OD, which also was denied for a time

2844 days ago
53.

As u taught me    

Thats what I am thinking Ashley, Goen is just trying to protect his intrest in Anna and was banking on her pregnancy weight before and after photos for his next campaign. I do not know how it stands around the U.S. but here we did see a comericial to kick off his newest gimick but that was a couple weeks ago at least...........we have not seen one since. The before photos were to be taken last week but had to be postponed because of her illness. He better hurry and get those photos she is probably hitting the pills heavier than ever, and I am not talking Timspa, her weight will probably drop as fast as his stock in her. Does anyone really need or belive advice from Ms Smith on anything concerning health or the human body??

As far as her right to that home from all I have read in the Bahama news articles, it is as simple as the difference in a deed that is stamped and recorded by the courts [Ben`s is], and one that is nothing more than a piece of paper not stamped or recorded....[Anna`s copy].

It is just blunder after blunder......that little ploy plus all the other antics of Howard and Anna could cost her millions......and possibly even their freedom.

2844 days ago
54.

JURY OF YOUR PEERS    

Well, the installment of Anna's ET interview we got today was less than convincing to say the least. Whhhhhyyy are they dragging that stinkin interview out ad nauseum!!! (money I know) Get it over with!

Mark Steines asked Anna and Howard about the baby, "does she favor either one of you"? Anna weakly says "uhhhh me".....
Asked "who is the father" .... Anna stutters and says "he is the father ... of her",
looking at Howard but not even saying his name.
It looked like it was hard for Anna to spit that lie out on national tv.
No indignation that anyone else would claim to be the daddy, no firm clear declaration that Howie is the daddy - biological that is.

A clip of tomorrow's torturous installment of the never ending ET interview, shows Anna being asked about the "other man" who claims to be the baby's daddy, and Anna is asked what she wants to say. Anna weakly whines "..... just leave us alone". (WOW! ET -- breathtaking interviewing!!!!)

Anna called in to The Insider, supposedly to make a correction after seeing the portion of her interview yesterday about the C-section delivery, and wanted to say that she wants to thank the staff at the hospital for their good work, and to tell the public that she was awake by choice, and was only feeling the normal pressure during a C-section. (she made it look like backwoods uncivilized quacks were sawing on her without any pain killers, straight out of a chain saw masacre horror flick)

Anna ... that is not the only thing you should be adding to your interview .... for clarification. When does it click in with Anna and Howie that the viewing public is NOT buying their act????

2844 days ago
55.

JURY OF YOUR PEERS    

WOW! Tree Tree THANKS for the info on TrimSpaGoen geek! Sounds like he and Anna are made for each other!

Goen .... goin ..... GONE!

2844 days ago
56.

Kikoke    

Inquiring Mind.....very creative....had to laugh at the Goen...going....gone!!!! I am in Ca. so still waiting to see the next pre-scheduled "drama" unfolding in the ANS interview. I don't want to judge however her description of the baby being torn by God and Jesus and the Devil.......WOW!!!!! Just a very strange way for a mother to explain the miracle of birth. I have a 6 month old grandson and was in the delivery room with my son and daughter in law during birth and they were here last night watching and my daughter in law and son even remarked on "how weird it was" the way she cringed (sp) and my daughter in law said (who by the way had a very tough labor) that 'after' the fact she doesn't even think about the pain...only the miracle. So just a little tidbit on my kids who are in their 20's and have NOT followed the ANS saga at all...in fact I had to catch them up to date on the son passing away etc. So for those that think ppl are haters for forming opinions and conclusions without all the facts....any normal person thinks the whole thing is weird at best.

2844 days ago
57.

Howard Stern is Americas Most Hated Man    

Hey Snoopy50, I didn't mean for it to sound like baby Danielynne would be homeless. I was actually making fun of Anna when she says "TRIMSPA BABY".........she and Howie are going to be "HOMELESS BABY".

You know for an attorney Howie certainly isn't very bright, I'm sure his law professors are wondering if he in fact showed up for Ethics.
How much longer Howie can hold old for the funds from the Marshall estate, it's been 10 years already and Anna is an aging actress. Her career is a trainwreck and has been for quite some time, to my knowledge there aren't any positions available for aging gold diggers than a younger, prettier, smarter one can't fill.

2844 days ago
58.

JURY OF YOUR PEERS    

I am very skeptical of the whole ANS/HKS ET interview.
I believe Anna's lines and Howard's lines were rehearsed and scripted to make specific points that they wanted to get across (while carefully avoiding hot spots).

I agree with what someone else stated, that the video of the birth was made with future sales of the video in mind, and I believe that HKS definitely made some "calculated" comments, for the benefit of the doctors and the nurses in the delivery room, and for the future viewing public, to try to present a happy couple having a baby.

For example: Howard said in the delivery room "she's beautiful ... she's beautiful ... she doesn't have my big nose .... she's beautiful". This was after the doctor had said "one big happy family here", and took a photo of Anna, Howard, and baby. Anna said she looks like Daniel. Howard tries to snuggle and kiss with Anna, and she has no affectionate response to Howard.

I believe Howard had certain comments and statements that he wanted to be sure to get IN on the interview, as damage control for some things Anna said in the delivery room. When Anna acted scared cuz the baby was not breathing (I think she was silently worried about her drug use while carrying the baby) ... then later in the interview, HKS made SURE to say how "strong" the baby is, and Anna picked up on her "cue" and parroted that. Mark Steines did a voice over and said there were "no medical problems with the baby" (but there have been no medical reports made public that the baby had no drugs in her system at birth).

When Mark Steines asked if the baby was taking after either one of the two of them.... Howard pipes up and says "after her mother, already has her mother's personality, she's a superstar", and Anna parrots what HKS said. NOTHING said about any features of Howards that the baby might have - either physically or personality.

Wonder if they will say anything about the DNA test on tomorrow's installment of the "interview"? Anna said "it's all over the world that someone is the father of my baby" .... "just leave us alone".

2844 days ago
59.

JURY OF YOUR PEERS    

You know ........ Ben never asked Anna to pay him the lump sum $1 million back right away. They simply wanted her to "sign" the mortgage agreement that she had agreed to, for their security, and then take her time paying him back. She refused to sign it.

I wonder if Anna decided to refuse to pay Ben back AFTER Ben refused to give his name as the father for Anna's baby?

And Ben would have only been the "presumed father" of the baby, if he was MARRIED to Anna at the time the baby was born. Did Anna try to get Ben to marry her too?

What Anna wanted him to do is more serious than just "giving the baby his name". Anna told Ben that Larry Birkhead was the real father, and still Anna wanted Ben to knowingly file a FALSE Affidavit with the government Register of Births for the birth cert application.

It was not merely a matter of signing a birth cert and having his name typed on the B/C. Ben would have had to fraudulently fill out the B/C affidavit of facts, which is a legal document. Which HKS DID go ahead and fill out which resulted in his PERJURY (as Attorney Debra Opri pointed out).

There would have been a lot of media attention, and it looks like Ben did NOT want to lie to the American public as HKS did, about being the baby's daddy.

2844 days ago
60.

Howard Stern is Americas Most Hated Man    

Anna Nicole's finances are probably a mess, just like she is. She filed for Chapter 11 in 1996. On one of the boards someone posted that Anna was denied credit for a mortgage on the home she's trying to steal from Ben.

Ben has adult children and grandchildren, it's doubtful he'd want to start a new family with a child that was not his own.

2844 days ago
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