A New York City judge is considering whether bags of potatoes can be used as evidence in the trial of a man accused of killing 6-year-old Etan Patz (AY'-tahn payts) in 1979.

Pedro Hernandez confessed to police that he choked Etan in a convenience store basement. His lawyer has said Hernandez is mentally ill and falsely confessed.

Hernandez says he put the boy's body in a box and walked a block with it.

His defense suggests that Hernandez was scrawny and couldn't have carried a heavy box that far. They're asking to bring in 50 pounds of potatoes and a produce box for jurors.

Prosecutors say Etan weighed far less, and the method isn't scientific.

The judge says he'll decide Thursday.

Etan's disappearance helped galvanize the modern-day missing-children's movement. .