Yes, a defense counsel can object if the prosecution attempts to introduce negative character letters from superior officers during the sentencing phase in a way that violates the procedures of Rule for Courts-Martial (RCM) 1001. This rule governs the presentation of evidence at sentencing. While the rules are more relaxed than during the findings phase, there are still important protections in place for the accused.
RCM 1001 allows the prosecution to introduce evidence of the accused’s prior military performance and character. However, if they wish to present a new, adverse statement from a superior officer that is not already in the accused’s official personnel file, it should ideally be presented through live testimony, which gives the defense the right to cross-examine the officer. If the prosecutor tries to simply submit a negative letter written just for the trial, the defense can object on grounds of hearsay and a denial of the right to confrontation.
The defense attorney would argue that it is fundamentally unfair to allow the government to submit a one-sided, written attack on their client’s character without giving the defense the opportunity to question the officer under oath about their basis of knowledge and potential biases. The military judge has the discretion to either sustain the objection and exclude the letter, or to require the government to produce the officer as a live witness if they want the information to be considered by the panel.