Can counsel ask leading questions of a witness on direct or redirect examination?

Under section 767, subdivision (a), "Except under special circumstances where the interests of justice otherwise require: [11] (1) A leading question may not be asked of a witness on direct or redirect examination." To that end, "[t]rial courts have broad discretion to decide when such special circumstances are present. [Citations.]" (People v. Williams (1997) 16 Cal.4th 635, 672, 66 Cal.Rptr.2d 573, 941 P.2d 752.) A witness's physical disability is a "special circumstance" justifying a decision

[5 Cal.Rptr.3d 176]

to allow counsel to ask leading questions of the witness. In Mead v. Mead (1919) 41 Cal.App. 280, 182 P. 761, the witness was a feeble 83-year-old man suffering from deafness and paralysis. (Id. at p. 283, 182 P. 761.) The appellate court upheld the trial court's decision to allow counsel to ask the witness leading questions because "[t]he physical and mental condition of the witness justified this manner of examination ...." (Id. at p. 284,182 P. 761.)