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Lawsuit over “The Holly” film and book dismissed

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Two men who sued author and filmmaker Julian Rubinstein claiming he named them as gang members in his works called “The Holly” have dropped their lawsuit.

Sheria Hicks and Pernell Hines sued Rubinstein, the publishers of his book and the companies that produced his documentary for libel and slander, claiming Rubinstein named them as members of the Bloods and informants for the Denver Police Department. 

But they dropped their claims in a notice filed Tuesday. A statement posted to Rubinstein’s website for “The Holly” documentary says attorneys for Hicks and Hines admitted they had not seen the film, and Rubinstein said he suspects they have not read the book.

“Our side came to believe that in fact they hadn’t even read the book either. We don’t know. But it seems to be since so many of the things in their complaint appear neither in the book nor the film,” Rubinstein’s statement says. 

An attorney for Hicks and Hines, Chad Atkins, said in a statement the men decided they didn’t believe they could meet the burden of proof under the state’s SLAPP statute, which allows defendants to make a special request for dismissal of claims based in exercising free speech related to an issue of public interest. Atkins said Hines and Hicks deny that they have ever acted as police informants or cooperated with law enforcement.

Steve Zansberg, the attorney who represents Rubinstein and the book’s publisher, said in a statement that neither the book nor the movie accused either man of being a police informant. 

The book and documentary focus on former Blood-turned-anti-gang activist Terrance Roberts — now a candidate in Denver’s mayoral race — and Holly Square in Northeast Park Hill. They explore the city’s alleged use of informants in Denver’s gangs, and the book covers the history of Northeast Park Hill over several generations. It serves as a who’s who of the police department and city government throughout decades.

A Denver District Court judge on Thursday approved the lawsuit’s withdrawal with prejudice, which means it can’t be brought again.

The documentary won this year’s Audience Choice Award at Mountainfilm, and the book received the honor for general nonfiction at the Colorado Book Awards. Despite the praise, the book and film have met a divisive reception from people connected to Northeast Park Hill, some of whom say the works portray the neighborhood as a stereotypical caricature of historically Black areas.

Note: Steve Zansberg, The Denver Gazette and Colorado Springs Gazette have an ongoing attorney-client relationship for media law matters.

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