A jail deputy testified that a tearful O.J. Simpson slammed down his phone, hit his hands on a counter top and yelled out during a jail visit with Rosey Grier last month.

"Mr. Simpson appeared to be crying," Deputy Jeff Stuart said Wednesday. "He appeared very upset."Stuart's comments were made during a hearing over an attempt by prosecutors to convince Superior Court Judge Lance Ito that they should get a look at documents detailing Simpson's statements to Grier.

Grier, an ordained minister, has conducted regular jailhouse Bible studies with Simpson. Under the clergy-penitent privilege, the defense maintains, Simpson's conversations with Grier are considered confidential.

Prosecutors, however, contend the privilege was waived - that there could have been no reasonable expectation of privacy - when Simpson and Grier yelled during the Nov. 13 visit.

Grier testified last week that he and Simpson did not raise their voices.

Stuart testified that after Simpson slammed down the phone and yelled something, "Rev. Grier also made a statement . . . in a very loud and raised voice."

The deputy said Grier appeared concerned about Simpson and the two resumed their conversations, dropping their tone to a level he did not hear.

Ito will have to decide if Simpson indeed made statements in such a loud voice that it was broadcast to anyone in the vicinity, said Karen Smith, a Southwestern University law professor.

Testimony on the matter was expected to resume Thursday morning.