To start off answering the original question: I think the movie is anti death penalty, at the same time painting the picture of the Texas situation. The fact that DeathWatch wasn't all that effective in their fight for the cause, does not mean that they or the moviemakers were in doubt about their intentions.
Gale was beating the gouvernor hands down in their debate (even if by tricking him with those quotes), until the gouvernor asked him to name an innocent who had been executed. Stupidly, Gale wasn't prepared for this question. However, the fact he could not name an innocent, does not mean there weren't any. There are many documented cases of people convicted who were later found to be innocent. Whether or not there are people who were executed is not of importance to the discussion, since all convictions are made in the same system. Finding that the system makes it possible to convict someone innocently, makes it possible inside the system to execute an innocent as well.
By their inability to defuse the name-me-an-innocent-executed question DeathWatch let themselves be dragged into the wrong discussion. After all, their point was more principal than this: killing people is wrong, be they innocent or criminal.
Other people mentioned that the system must be pretty robust for it to need such an elaborate scheme to be tricked. First of all, the fact that one would consider this scheme elaborate, does not mean it can't be beaten by a more simple scheme (the many documented incorrect convictions will undoubtedly show easier schemes). Second of all, this was not the only case in which material witnesses withheld information in such a way that the outcome of a trial was changed, nor was it the first time this was done with the intention of getting the wrong person convicted. The system shows weakness in not being able to weed these trickeries out.
The use of the death penalty is part of the status quo in Texas. It is by many considered to be the natural way. The ease with which the gouvernor could pass off remarks of the "the system works" type is remarkable. After all, even if one presumes that no-one innocent is ever executed, that does not mean the system works. Installing a new system will take far stronger arguments than keeping the existing one.
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