The man says the official kicked and threatened him during a border arrest in 2002.

  LUKE TURF

  In court yesterday, a Mexican citizen did not recognize the former Border Patrol agent accused of
  beating him two years ago during his capture for crossing the border illegally.

  Benjamin Ortega, 42, testified he didn't recognize Javier Acosta, who is accused of kicking Ortega
  twice and dropping a knee in the back of his neck in 2002.

  Through a translator, Ortega testified he didn't try to get up during the incident. The blows split his
  lip, and he didn't speak during the incident except for an "ay" he let out in pain, he said.

  He said Acosta told him that if he told investigators he fell and split his lip, he'd be voluntarily returned
  to Mexico, but if he accused Acosta of hitting him, he would serve three years in jail for immigrant
  smuggling.

  Ortega testified he was not the leader of the illegal immigrants with whom he crossed the border. He
  also acknowledged his arrest in the 1980s for possession of more than five kilos of cocaine with intent
  to distribute.

  After prosecuting attorneys questioned Ortega, U.S. District Judge John Roll told the 14-person jury
  it could use this knowledge of the felony conviction to decide how much weight to give the testimony.

  Ortega admitted giving a false name when he was caught twice for illegal re-entry into the United
  States after serving time here and in Mexico for the cocaine conviction. Ortega said he lied about his
  name once because he faced more jail time due to his prior felony and that he didn't remember why
  he lied the other time.

  Ortega also testified he does not speak English and understands little of the language. He said he
  never attended court without needing an interpreter, but public defender Joel Parris showed the jury
  an agreement written in Spanish in which Ortega waived his right for an interpreter at a previous
  court appearance.

  Before the agreement was translated into English for the jury, Ortega testified it was his signature at
  the bottom. The trial is scheduled to continue Tuesday.

  Acosta is charged with assault with bodily harm and one count related to the alleged cover-up. Each
  of the two charges carries a maximum penalty of 10 years in prison, Parris said.