Ex Sues Anna Nicole A Second Time

Larry Birkhead, who says he's the father of Smith's baby, charges her with fraud and conspiracy

Anna Nicole Smith is being sued for a second time by photographer Larry Birkhead, who is now accusing her of fraud and conspiracy, his lawyer says.

At a press conference Thursday outside the Los Angeles courthouse where Birkhead filed a paternity suit on Oct. 2, his lawyer, Debra Opri, shared copies of legal papers filed on Birkhead’s behalf earlier that day in a Bahamas court.

The papers allege that Smith and her lawyer and fiancé, Howard K. Stern, conspired to misrepresent Stern as the father of Smith’s six-week-old daughter, Dannielynn Hope, and committed libel and slander by denying Birkhead is the father.

The suit requests that the Bahamas’ registrar general change the baby’s last name on legal documents from Stern to Birkhead. “It will be up to this government entity to pursue any criminal investigations against Anna Nicole Smith and/or Howard K. Stern,” Opri said.

Opri added that she is afraid Smith will flee the Bahamas to avoid the charge. “My main concern is this child,” she said. “While I do not anticipate that Anna Nicole Smith will be going to Disneyland here in California anytime soon, I do have every concern that she might go to another jurisdiction with my client’s child, and we will then be forced to pursue her.”

Birkhead is already seeking a court order to demand that Smith bring Dannielynn to California for a DNA test that would determine her paternity. The next hearing in that case will be on Monday.

He told reporters at Thursday’s press conference, “I just want to say that I am the father of Dannielynn and I think this is a crime, what these people are doing to me, and I expect to be reunited with my daughter with the help of my attorney.”

Compounding Smith’s troubles, Bahaman immigration officials are questioning the veracity of her residency claim.

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