Is it not the same thing?
No, it is not the same thing.
If we believe all people are created equal, then rights start at the time of creation. Those rights can only be taken away by due process of law.
With the death penailty, the person has gone through due process of law, had a trial, right to jury, and right to legal counsel - which is more than an unborn baby has access to.
Abortions are really only murder if they are past a curtain developmental point though.