That's explicitly why I called out crimes committed as part of the escape and evasion as a potential example of "subsequent crimes that don't qualify for the de

That's explicitly why I called out crimes committed as part of the escape and evasion as a potential example of "subsequent crimes that don't qualify for the death penalty". There are too many valid mitigating circumstances to just blanket say "he's a convicted murder, and he escaped, now we get to kill him". I'm not sure I'd go so far as to say that escape shouldn't be treated as a crime (one way to view crime is an explicit rejection of the idea that a government can or should dictate our actions, so in that light, trying to get out of a legal punishment is itself a rejection of that government's right to issue punishments). But certainly, if the only additional crime is the escape itself, then the death penalty is entirely unwarranted.