exposing the dark side of adoption
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Wake man accused of raping orphan

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Author: Andrea Weigl; Staff Writer

RALEIGH -- A Fuquay-Varina man is alleged to have repeatedly raped a 12-year-old orphan whom he raised for two years as his daughter, according to details revealed Friday at the man's federal sentencing hearing.

James Matthew McDaniel-Webb, 48, was sentenced to 7 1/2 years in prison for a federal charge of transmitting a pornographic photograph of the girl via a computer. He was ordered to pay $315,000 in restitution for the girl's care.

Friday's federal sentence is just a small part of what McDaniel-Webb is facing.

The former affluent software developer, who once described himself a "Bill Gates Jr.," could be sentenced to as much as 45 years in prison for statutory rape charges in state court. He has to defend himself in a lawsuit filed by the girl.

Her guardians, a minister and his wife, have said they turned her over to McDaniel-Webb in 2001 because they thought she would do better in an one-on-one environment and thought he was a good person. They acknowledged receiving money from McDaniel-Webb.

The News & Observer typically does not identify complainants in cases involving sexual assault.

Chapel Hill lawyer Lynne Holtkamp attended Friday's hearing to ask U.S. District Court Judge Terrence Boyle to aid her efforts in securing evidence and McDaniel-Webb's assets for the lawsuit filed on behalf on the girl, who is now 15.

"He took this child at the age of 12 and raped her almost every day for two years," Holtkamp said in court. "I think Mr. McDaniel-Webb should be charged with the murder of my client's soul."

Holtkamp also said McDaniel-Webb repeatedly drugged the girl. She asked the judge to order McDaniel-Webb to reveal what drugs he used on her client. Her client's doctors say knowing which drugs were used would help them treat her seizures, she said.

Holtkamp contends that McDaniel-Webb took pornographic photographs of other young girls, and she urged the judge to order McDaniel-Webb to reveal the names of his other victims.

Holtkamp also requested access to grand jury testimony, the computers seized from McDaniel-Webb's home and an accounting of McDaniel-Webb's assets.

Boyle said a federal judge in criminal court doesn't have the ability to order such things and referred Holtkamp to the U.S. Attorney's Office, which prosecuted McDaniel-Webb.

Holtkamp's client also is suing the Masonic Home for Children at Oxford and the Grand Lodge of Ancient, Free and Accepted Masons of North Carolina. She was living at the children's home, where she had been placed by her adoptive parents in January 2001 and where she met McDaniel-Webb, who had become a generous benefactor to the home.

McDaniel-Webb made his fortune by selling his creation, an Oracle-based software tool called TOAD, to Quest Software of Irvine, Calif., which built a satellite office around McDaniel-Webb in Cary. McDaniel-Webb began volunteering at the home in Oxford, playing with the children and taking them on trips to his home and to the beach.

By November 2001, the girl's custody had been turned over to McDaniel-Webb.

Prosecutors said they were unable to prosecute the orphanage.

"We tried very hard to establish a federal offense on the part of the Oxford home, but we couldn't find one," said Assistant U.S. Attorney Thomas B. Murphy. "He did ingratiate himself to the home, giving a lot of goods and money. It gave him access to these kids, which was totally inappropriate."

In early 2003, the young girl sent one of the photographs McDaniel-Webb had taken of her to someone in Pennsylvania via e-mail. Law enforcement authorities said they became aware of the photo and statements by the girl that she had been abused at the orphanage.

Deputies seized computers from McDaniel-Webb's home and found dozens of images of the girl. Authorities said the photos showed a progression from clothed to nude to sexually explicit poses. He was prosecuted in federal court for transmitting those photos to the girl via a computer.

It is unknown when McDaniel-Webb will appear in state court on the rape and sex offense charges.

2005 Feb 19