No.
Murder is defined as, "the unlawful and malicious or premeditated killing of one human being by another". This definition cannot be applied to the death penalty, because the death penalty is lawful, non-malicious, and is not carried out by an individual but by the government.
"Kill," "murder," and "execute" are not interchangeable terms. Death penalty opponents would like us to believe otherwise. Just because two actions result in the same end does not make them morally equivalent. If it were so, legal incarceration would be equated with kidnapping, lovemaking with rape, self-defense with battery, etc.
loopholes, yeap.