Please see Part 1 for disclaimers and archiving information.

"From The Top", Part 15/33
By Clotho (clothomoerae@hotmail.com) and Cathy (huntersglenn@yahoo.com)

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Dave had to laugh at Carter's antics.  It also reminded him of the way that
Carter had called out his name in the summerhouse.  Slighty annoyed with
himself for responding, Dave kicked toward the centre of the pool, then
looked down to find Carter.  The man's brown hair was waving in the
currents in the water, and Dave ran a hand through it, before reaching for
Carter's shoulders.

Dave's touch meant that help was there and that helped push the panic aside
even more.  But John also knew that Dave didn't have a grip on him yet and
his body was still headed for the bottom.  If he could reach it again, then
he could push up -- or --- John lifted his arms above his head, hoping Dave
would think to grab the shirt and use that to pull him up and out of the
water.

Dave saw Carter raising his arms.  The guy probably wanted a hug or a kiss
or something like that.  He didn't know why Carter had to have said that
stuff about no underwear -- it had been fun before.  Still, he remembered
all the whisky he'd drunk -- it was okay -- he went in to give Carter his
kiss.

When Dave's lips closed John thought that he would be getting some much
needed air.  He opened his mouth under Dave's waiting for the oxygen while
they sunk toward the bottom.

Dave almost grinned when he felt Carter's lips open -- he had to admit that
this idea of Carter's of kissing underwater was distinctly cool.  He put
his arms around Carter -- holding him tight -- making sure the seal was
good, and kissed back.

The intrusion of Dave's tongue in his mouth was a shock to John -- where
was the oxygen?  He shook his head and broke the connection as his feet
touched the bottom and he pushed off hard, not caring if he took Dave up
with him to the surface.  Sputtering, John looked around for the side of
the pool, hoping he could get Dave to get him there and to safety.

"Hey, what?"  Dave shook his head to get the damp hair out of his eyes, and
began to tread water.  "Whaz the matter?"  This wasn't at all how he'd
expected the kiss to end.

"Get me out..." John coughed out some water, "of here."  He felt himself
starting to sink again and once more he panicked.  If only he could use his
hands, he thought as he tried again to pull them apart, but the sweatshirt
held them tight.  Memories of being a child and nearly drowning were
flashing through John's mind.  He had been afraid of water for years after
that one time and it wasn't until after Bobby died that John forced himself
to face his fear of water.  And he had been fine with it since then, making
himself quite at home in pools, lakes or oceans.  But not now...not with
his hands stuck in the sleeves.  He started to call out for help again as
the water rushed up past his face.

Dave tightened his grip on Carter a little, as he was dragged under, and
started to kick harder.  He was getting a bit peeved about it, when their
heads broke water again -- Carter was definitely leaving him to do all the
work, and the water wasn't buoyant salt.  He shook the water out of his
eyes again.  "If ya don't want to sink try kicking why doncha?"

John came back up quickly, thanks to the fact that Dave still had him in
his grip.  Coughing, John didn't quite make out what Dave was saying,
except he did hear a 'kicking' in there.  Of course.  He could kick.  John
aimed for the side of the pool and started to kick.

Dave let go of Carter and stayed dog-paddling in the centre of the pool.
He didn't know what game Carter was playing and was half expectantly, half
defensively awaiting the next move.

Without Dave holding onto him, John felt a bit lost, but he made it to the
side.  Flopping his arms on the marble that surrounded the pool, John clung
there, gasping.  Then he pulled himself out of the pool until only his feet
were hanging over the edge before he collapsed on the marble tiles.  They
felt cool against his cheek and body and John dimly wondered if Dave was
getting out of the pool, too.  Another coughing fit hit him and John curled
into a ball, still trapped by that sweatshirt.

Dave watched Carter clamber out and waited for some kind of comment.  He
didn't get one.  Feeling somewhat stupid, and knowing he was probably doing
precisely what Carter had intended him to do -- which annoyed him, Dave
made for the side of the pool

Feeling frustrated over not having his hands free, John rolled onto his
back and stared up at the skylights above the room.  Since it was now dark
outside, his reflection caught in the glass and gazed back at him and John
could also see Dave swimming toward him.  "Can you get this shirt off me?"
John asked, his voice sounding raspy to his own ears.

Dave delayed by going to the ladder.  He was going to do what Carter
asked.  He knew that he'd end up doing precisely what Carter asked, but he
didn't like doing it.  The guy wanted him to totally undress him -- it had
sounded cool when he'd tried to do it himself, but not now that Carter was
just expecting it of him.  Still he'd do it.

Dave walked to Carter, grasped hold of the blue material that was darkened
to almost black by the water, and got it off Carter's wrists.  He'd done it
and he didn't like Carter being able to command him like this one little
bit.

Dave dropped the sweatshirt.  "I'm getting a beer.  Want one?"   He needed a
beer.  He really, really needed a beer after everything that had happened
in the pool.

John shook his head.  "No.  Thanks for getting that off me."  He sat up,
still feeling shaky, then he scooted back a little bit, not wanting to be
too close to the edge of the pool.  He watched Dave walk toward the small
refrigerator.  "I thought I was going to drown."

Dave looked inside the little fridge, it was loaded with foreign drinks
he'd never heard of.  If he was here he might as well try a different one.
He pulled out one at random, and popped the cap, taking a slug of the dark
brew before replying to Carter.  "Yeah, right."

"I would have if you hadn't said that about kicking.  I was panicking."
John drew his knees up and wrapped around his arms around them.  His hands
were trembling, but not from the cold.  "I should know better than to panic
like that, but when I first went under and then realized I couldn't get my
hands free...God, it was like a nightmare."  John drew in a shaky breath.
"Can you toss me a towel from over there?"

With half the beer gone Dave felt a bit better about the way he'd reacted.
It was okay, he'd had a drink, and he'd had a drink before he'd begun doing
whatever Carter asked too, it was okay.  He grabbed a couple of towels and
another beer and began walking back toward Carter.  "Course you forgot ta
kick.  Just like ya back hurt this afternoon."

"What?"  John asked as he watched Dave heading his way.  What Dave had said
didn't make much sense to him.

Dave finished off the first beer part way over and dropped the bottle into
the pot of a convenient tree.  When he got near Carter he dropped the white
towel on him, then retreated with the new beer and his own towel to one of
the chairs.  He shrugged in a way that he intended to be nonchalant --
after all, Carter didn't mind this stuff.  "Ya *forgot* ta kick coz I was
on the other side of the pool, didn't ya?  It's cool."  Dave took a slurp
of his new beer.

John shook his head.  "I forgot to kick because I panicked when I couldn't
get my hands free from the shirt.  It had nothing to do with where you were
in the pool."  John started to dry his body, beginning to feel angry that
Dave seemed to be implying that he had been faking it all.

"Leave it off, Carter.  Ya like ta win.  Well ya won.  And then you left
first, so congratulations.  Hope ya happy."

"Win what?  What the Hell are you talking about, Dave?"  John glared at
Dave, wondering just who had been the one to take in the pool water,
because Dave was certainly talking as if he had been deprived of oxygen.

"Ya made me come back.  Ya can play all the games in the world -- an' cheat
at them.  But ya can't make me gay."  Dave threw his own white towel over
his body and took another slug of the beer.

John got to his feet.  "You are one sick bastard, you know that, Malucci?
This is no game.  I was drowning and thought you were trying to help me.  I
guess I was wrong about *that*, wasn't I?  Well, if you're so concerned
about your sexual inclinations, then you should consider getting dressed.
Although it really doesn't matter much to me because I wouldn't touch you
if you were the only other person left on the face of the earth.  I'm going
to go find some dry clothes to put on."  John wrapped the towel around his
waist, feeling hurt and angry and amazed at the way Dave's mind seemed to
work -- or not work as the case may be.

Dave listened to Carter rattle on, most of the words went past him, he was
fixated on an early word *drowning*.   *Drowning*.  Dave looked at the pool
-- it was a big pool as private pools went, but it wasn't lake sized, it
wasn't even Olympic sized.  Carter had thought he was drowning in that?  He
became aware that Carter's voice had stopped.  "Drowning?  Ya were't
playing?"

John blinked.  Dave hadn't known he was drowning?  He shook his head.   "No,
I wasn't playing.  When you disappeared on me so quickly I tried to go
after you, but I thought I was on the shallow end and then when I
discovered I was on the deep end I started to sink."  John knew he was
rambling, but he couldn't stop.  "I was fine until I realized I couldn't
use my hands to swim.  I...panicked and that made things worse.  But I
thought you were trying to sa...to help me."

That sounded suspicious to Dave -- how can you forget which end of a pool
you were at?  Let alone forget to kick?  But...if he believed Carter then
the guy wasn't just trying to pull his strings.  And that had to be good.
Dave shrugged cautiously.  "Ya looked like ya were playing."

"I wasn't.  I was scared to death, Dave.  Once, when I was a kid...Hell,
you don't want to hear about that, do you?  I could tell you that I felt
safe when I thought you had come to save me, but you don't want to hear
that either, do you?  After all, I'm just trying to make you gay, right?
Though I don't know why you'd say that.  I've never, ever said you were
gay.  Never."  John was still tempted to leave, but he was curious to see
what Dave would say next.  Would it be another statement that he looked as
if he had been playing or would it be some sign that Dave was happy that
things ended up all right?

"Oh."  Dave took a slug of his beer, and with his spare hand rubbed the
sore patch on his thighs where he'd banged into the tree.  "Ya can tell me
'bout kidstuff if ya like."

John seriously doubted if Dave cared at all about his childhood, but he did
notice that Dave was rubbing his thighs.  "You okay?"  John asked.   "You
keep rubbing your legs."

"Yeah.  They'll be fine."   Dave took another slug of his beer, and decided
to expand a little.  "Banged into that tree earlier 'n all."

"Yeah, I remember you saying something about that.  It's been a long time
since I've been on the lake or I would have remembered the tree and could
have warned you about it.  My grandparents and I weren't on the best of
terms until after the stabbing.  Guess they took pity on me then for all
the good it did me."  John wanted to go and sit by Dave, but Dave's words
about 'making me gay' were still ringing in his ears.  There was no way
that John wanted to make things worse by making Dave think that he *wanted*
to be near him.  John's eyes wandered over to the Jacuzzi.  "Want me to
turn on the Jacuzzi for you?  The hot water might make your legs feel
better?"

"Sure."  That sounded quite good to Dave, he wanted to add something to the
program.  "Bet there's some munchies in that fridge.  Could eat them in the
pool."  Dave took the last swallow of his second beer and stood up.   "Want
anything ta drink?"

John walked over to turn on the Jacuzzi and he had to raise his voice to be
heard over the bubbling water.  "A soda would be good.  If there's nothing
to eat in there, then you can check the kitchen."  John's gaze went past
Dave and to the pool and he shivered as he remembered how scared he had
been.  And, whether he knew he was in danger or not, it had been Dave who
had saved him.  John smiled at Dave, then went to sit down in a lounge
chair near the Jacuzzi.

Dave walked over to the fridge, and took another look inside it.  He pulled
out a bottle of something called "Sparkling Elderflower" for Carter, then
took a look for the food.  There were a variety of small snacks sitting
there -- small blocks of cheese, and some fruit.  Dave grabbed everything
he could conveniently hold and trotted back towards Carter.  When he got
close enough he spoke, "What the hell's Elderflower, Carter?"

"It's a drink that Corrine fell in love with when she went to England on
vacation a year or so ago.  It's okay."  John held out his hand for it.   "I
see you found something to eat."

"Well, you've got some."  Dave handed the bottle to Carter, and as he did
so the cheeses he was holding in the crook of his arm fell to the floor,
along with an apple.  "Shit."  Dave crouched down to pile them altogether.

John was about to offer to help Dave with the fallen food when he was
pleasantly distracted by seeing Dave in all his glory crouched like that.
John had to turn his head away because he didn't want Dave to think that he
enjoyed looking at his body or anything like that.  Strange though how Dave
had accused him of being the seducer when Dave was the one running around
the room naked.  At least John had put on a towel.  It wasn't much, but it
was something.  "You got everything under control?" John asked.

"Think so."  Dave sat on the floor by Carter's chair.   "Camembert, Blue,
Gouda or something that didn't have a name on it?"  He held the rogue
cheese up for inspection.

"Looks edible, but then again, I'll eat just about anything," John
commented.  Dave's nearness was unnerving and John got up to check the
temperature of the water in the Jacuzzi.  It wasn't quite yet hot enough,
but close.  John dropped his towel, then quickly stepped into the frothing
water and settled on the seat as far away from Dave as he could get.  He
looked back at Dave and lifted the bottle to his lips, taking a long sip of
the beverage.  "Water's almost ready."

Dave carefully pushed the array of food over the floor to where Carter
would easily be able to reach it.  Then slipped into the water himself,
also conveniently near the food.  The water was warm and good and frothed
around him.  Dave bit into an apple, then broke himself off a piece of
gouda and placed it on the newly gouged out hole in the apple.  He grinned
to himself then looked at Carter and said  "Deluxe dining with no dishes!"
before biting into the assemblage.

John couldn't miss the fact that Dave had managed to sit near him.  This
wasn't good.  Wasn't good at all.  How could he get untoward thoughts about
Dave out of his mind if Dave did things like sit near him?  He watched as
Dave ate, then was hit by inspiration -- he could put on swim trunks.
Having some clothing between him and Dave would have to help.  "Excuse
me."  John set the bottle on the floor, then climbed out of the hot water
and headed over to the bin.  "Do you want a pair of swimming trunks?" John
called out as he walked.  It would help things even more if Dave were
dressed.

"Thought you said there was no-one about?"  Dave shrugged, "Guess so.   So
what's Elderflower taste like?"

"Um, it tastes different.  Try some if you want."  John grabbed two trunks
out of the bin, then walked back to the Jacuzzi, tossing a pair toward Dave
and then slipping into the other pair.  They fell down over his hips and
John quickly pulled them back up as he realized he had grabbed an extra
large sized pair.  Still, once he was seated in the water it wouldn't
matter.  Holding onto the waist, John got back in the Jacuzzi.  He grabbed
the bottle and held it out toward Dave.  "You want some?"

"Sure."  Dave reached for it, his fingers brushing Carter's, then tilted
the bottle into his mouth.  The cool and fragrant liquid ran into his
mouth.  "Mmm, it's nice."

"Yeah.  I guess I can see why Corrine likes it so much."  John replied.  If
only Dave would wrap his lips around his cock the way he wrapped his lips
around that bottle....John chased that thought away.  He couldn't think
like that.  He *wouldn't* think like that.  Dave had made it very clear
that he didn't want another sexual encounter with him and John had to honor
that.  Besides which, continuing to have sex with Dave was not doing
anything to create a friendship between the two of them.  And Dave was
still naked.  "You might want to check the size of those swim shorts.  The
ones I grabbed for me are way too big."  There.  That would give Dave the
hint to put them on.

"Okay."  Dave stood in the centre of the Jacuzzi and carefully threaded
first one leg and then the other through the jade green shorts before
pulling them up and over his hips -- they only just made the journey
because they seemed to be a size or three too small.  Still, they'd do for
any little old ladies who wandered into the room.  "Bit small I think."

John had been staring as Dave's attributes were forced into the trunks.
And once there, they bulged against the fabric in a very arousing way.
"Yeah," John managed to say.  "But they'll do as long as you stay in the
water don't you think?"

John needed another distraction and his mind went back to Dave saying he
could tell his childhood story.  "I almost drowned when I was a kid."

Dave cautiously sat down in the tight garment, but heard the telltale sound
of ripping fabric as he made the final descent.  "Damn, least they're not
jeans.  Doncha hate it when they do that."  Still it didn't matter -- and
they were a lot more comfortable now.  Dave leaned back and acquired
himself another piece of cheese.  "Yeah, you said.  Figure it's why you
panicked or whatever just now?"

"Yeah.  It was here...in the lake.  It was summer and a few of us were out
in a rowboat.  I was playing around and fell over the side.  The water was
so dark and I just kept sinking.  It's one thing to be told what to do if
you ever fall into the water like that and another thing to actually have
the presence of mind to do it, especially when you're only six."  John took
a sip of his drink.  "Chase and Bobby jumped in after me.  I wasn't so far
gone that they had to do mouth to mouth or anything, but it was close.
Real close.  I can remember the way it felt to have the water rushing up my
nose and into my mouth.  And then it all went black.  Scared Gamma half to
death and even though I was breathing okay and all, she rushed me to a
hospital.  I did end up with a case of pneumonia out of it.  And a fear of
water that lasted for years."

Dave gave half a shiver.  "Ugh."  Then reached for a grape to toss to
Carter.  "Here.  Not still afraid of it though are ya?"

John grabbed the grape and popped it into his mouth.  "I got over it," he
mumbled around the grape.  "Until now."  Another shiver ran up his spine
and John lowered his body further into the water, hoping Dave would think
he was just cold and not still scared.  "It'll pass.  It's like Exam Three,
you just keep going in until it doesn't bother you any more."

That was something Dave understood.  "Yeah, that's what Father Frank said
after Mike got taken away."  You just had to keep on going, and in the end
you got used to the idea.  He looked over at Carter, who didn't seem
happy.  "You 'kay Hoss?

"Did Father Frank say how long it took until a person got used to it?
Because no matter how hard I try, I still can't quite get used to going
into that room.  I mean, I go in there.  I have to.  I don't have a choice,
right?  But I don't want to be in there."  John took another sip of his
drink.  "Does anything scare you, Dave?"

Dave shrugged, and joked.  "A woman holding a pregnancy test?"  He didn't
like that question -- it made him nervous.  He reached for the cheese, and
took a bite, so he wouldn't be able to talk again soon.

"Seriously, Dave.  There's something that has to scare you, right?"   John
couldn't quite believe that Dave didn't find something to be scary.  "It's
something silly, right?  Like spiders or flies, or something creepy
crawly?"

Dave chewed slowly, he didn't know how they'd got onto this subject but he
didn't like it.  "Spiders, flies, snakes -- they're cool.  Don't like
roaches much, but 'm not scared of 'em."

"Then what scares you?  No, wait, I've got it."  How many times had he made
light of people who seemed happy to have romantic commitments.  "Love
scares you, doesn't it?" John asked with a grin.

Dave shrugged, looked down, he didn't want to think about it -- not even go
there.  He tried for something else -- something Carter would find
acceptable.  "DAs on a crusade and out ta get people?"  That would have to
do.  He hated the thought of one of those coming after him.

John sighed, then chuckled.  "I get the hint, Dave.  You can relax now.   No
more probing questions.  How are your legs feeling?"

Dave glanced up at Carter, feeling he had to somehow maintain his
position.  Cold-hearted DAs were something okay to be scared of, he was
sure.  "You ever had one of them come after someone you..."

John slowly shook his head.  "No.  I've never had that happen.  Except when
they put Shrike back in prison, but that was...well, I don't think you
really like hearing about him, do you?"

Dave shrugged.  "What'd they do to him?"

"His parole officer transferred to a different district and Shrike got a
new one.  One that happened to have a big chip on his shoulders against
guys with tattoos and attitudes.  Granted, Shrike could get mouthy from
time to time, but he was always respectful to his PO.  The one that
transferred, that is.  But the new one acted like Shrike was scum and kept
giving him a hard time, so Shrike gave it back.  The PO finally had him
picked up and sent back to prison for violating his parole because he took
too long to give the man his new address.  And then the guy said that
Shrike never asked him if he could move, which was a lie.  So, he's back in
Joliet serving the rest of his sentence and no one ever asked why or how it
was that Shrike could get arrested on obstruction of justice while on
parole and managed to stay out, but he moved and that got him thrown back
in."  John shook his head.  "Parole Officers can be real bastards if they
want to be.  They literally hold your life in their hands. One wrong move
and you're right back in prison, no matter how good you're doing."  John
finished his drink and set the bottle aside.

"Who did the DA go after?  Your brother Mike?"  John asked.

"That stinks."  Dave clamped his fists tight.  "Yeah the bastard.   Bitch."
He corrected himself.  "Real nasty -- wouldn't see it was just another car,
and the baby was an accident.  It'd been asleep when he stole it, didn't
start howling for blocks.  An' in court she said that Mike'd been stealing
his whole life, and had just graduated from cars to babies.  And his lawyer
objected and said that Mike's juvie record was closed, and then they all
knew he had a juvie record.   An' she kept on saying how awful he was an'
it was time to stop him.  Just on and on an' on."

"Yeah, they get paid to make people look bad, and even when it's revealed
that someone was convicted who was really innocent, they don't want to
admit it.  They'll find some excuse to explain why the person deserved to
be put behind bars.  Do you keep in touch with Mike?"  John asked.

"Yeah, send him cigarettes when he asks."  Dave looked down at his balled
fists and went on.  "She said he was scum.  And to forget everything his
lawyer said about where we came from, coz of me being a doctor, an' so it
didn't count."

John reached over and lightly placed his hand on Dave's shoulder.  "It
counts, Dave.  You count."

"That's what she said.  That Mike'd chosen to be a kidnapper and thief and
felon, and I'd chosen to be a doctor, and they should lock him up.  And
they did.  The bastards."

John couldn't come right out and say that he agreed with the DA -- that
someone who stole a car belonged in prison.  He could see that Mike didn't
know the baby was in there, but then again, why hadn't he looked in the car
before he took off with it?  And what about the mother or father left
behind watching Mike drive off with the baby?  But this was Dave's
brother.  Hell, John couldn't work up enough righteous anger toward Chase
and his drug use, so why should he expect Dave to be sitting there and
saying that his only brother deserved to be put behind bars?  John squeezed
Dave's shoulder.  "I'm sorry.  It's pretty awful to lose your brother and
to have to hear things like that about him."


To be continued