You are mistaken about this. The error is categorizing an intrinsic evil (taking innocent life) with a prudential judgement. As Evangelium Vitae teaches, “You shall not kill” has absolute value when it refers to the innocent person.”
You’re arguing with the wrong person. :) I don’t support the death penalty and the Catholic church supports me in holding this position. I agree- abortion is an intrinsic wrong and the death penalty is not.